IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 10353 of 2009(S) -------------------------- OA.105/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. SENIOR DEPUTY ACCOUNTANT GENERAL (ADMN.) O/O.THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) KERALA, THIRUVANANTHAPURAM. 2. PRINCIPAL ACCOUNTANT GENERAL (AUDIT) KERALA, THIRUVANANTHAPURAM. 3. COMPTROLLER AND AUDITOR GENERAL OF INDIA, NEW DELHI. BY ADV. SRI.P.NANDAKUMAR, SC, IA & AD RESPONDENT: --------------- V.S.BINU, S/O.SADASIVAN, AGED 36 YEARS, CLERK TYPIST, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT), THIRUVANANTHAPURAM RESIDING AT POORNIMA, THIRUVANANTHAPURAM-695527. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ---------------------------------------- W.P.(C) No.10353 OF 2009 ---------------------------------------- Dated this the 6th day of April, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petitioners are the respondents in O.A.No.105/2009 before the Central Administrative Tribunal, Ernakulam Bench. The applicant is facing disciplinary proceedings as well as criminal proceedings before the competent criminal court in respect of the very same incident in which he allegedly assaulted one Mr.Venugopalan Nair. The applicant moved the C.A.T. praying that the disciplinary enquiry may be stayed till the disposal of the criminal case. The Tribunal after hearing both sides passed an interim order staying the enquiry. Simultaneously, the Tribunal ordered to hear the Original Application at an early date. Aggrieved by the above interim order, this writ petition is filed. 2. Normally, this Court will not entertain a writ petition against an interim order passed by the Tribunal. Further, since W.P.(C) No.10353/2009 2 the Tribunal has decided to hear the Original Application, at an early date, the stay granted against the conduct of the disciplinary enquiry against the applicant will remain in force only for a few weeks. Therefore, no serious prejudice is caused to the writ petitioners. Therefore, it is unnecessary to entertain this writ petition. But, we clarify that the findings of the Tribunal in the interim order are only prima facie findings and at the time of final hearing, the Tribunal will deal with the contentions of the parties uninfluenced by the stand taken by it in the interim order. We hope that the Tribunal would hear the Original Application without delay. Subject to the above observations, this Writ Petition is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps