1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10397 of 2011 S.Pitchai Mani : Petitioner Vs. 1.The Chairman, Airports Authority of India, Rajiv Gandhi Bhavan, New Delhi. 2.The Regional Executive Director (NAD), Southern Region, Airports Authority of India, ATC Complex, Chennai-600 027. 3.The Director, Airports Authority of India, Madurai Airport, Madurai. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the 3rd respondent to disburse the petitioner's terminal benefits including pension to him, vide the 3rd respondent's memorandum in Ref.AAI/MDU/E-17 (1) 6385-89 dated 30.06.2011. For Petitioner : Mr.V.Manoharan For Respondents : Mr.S.Chandrasekar Government Advocate ORDER The request of the petitioner for issuance of a mandamus directing the third respondent to disburse the petitioner's terminal benefits, including pension, with reference to the 3rd respondent's memorandum in Ref.AAI/MDU/E-17(1) 6385-89 dated 30.06.2011, cannot be granted in view of the order passed by the Airports Authority of India, Madurai Airport, Madurai in reference to REF.No.AAI/MDU/CONF.-02/6390, dated 30.06.2011, which is reproduced hereunder: “AIRPORTS AUTHORITY OF INDIA MADURAI AIRPORT, MADURAI-625 022. REF.No.AAI/MDU/CONF.-02/6390 DATE:30.06.2011 CONFIDENTIAL MEMORANDUM It has been reported, that, Shri.S.Pitchaimani, Sr.Attdt., (Office) attached to this office was involved/collected/distributed bribe favouring the DMK Political Party during the State Assembly Election 2011. In this regard, an FIR has been lodged on 11.04.2011 against him at Perungudi Police Station, Madurai-22. https://hcservices.ecourts.gov.in/hcservices/ 2 You have suppressed the information regarding the above and also took part in political activities. Your action as mentioned above were against the AAI Employees (Conduct, Discipline and Appeal) Regulations, 2003. In view of the above misconduct, Competent Authority has been decided to withhold his terminal benefits till further orders/clearance from Vigilance Department. (K.Sangiah Pandian) Airport Director” 2.When there is an order of the competent authority to withhold the terminal benefits till further orders/ clearance from Vigilance Department, mandamus cannot be granted, and that will have the effect of nullifying the above said order. 3.In view of the above, this Writ Petition is dismissed. However, it is open to the petitioner to challenge the above said order, if so advised. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Chairman, Airports Authority of India, Rajiv Gandhi Bhavan, New Delhi. 2.The Regional Executive Director (NAD), Southern Region, Airports Authority of India, ATC Complex, Chennai-600 027. 3.The Director, Airports Authority of India, Madurai Airport, Madurai. W.P.(MD)No.10397 of 2011 13.09.2011 vs RJ/26.9.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/