IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.11.2023 CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.NO.2291 OF 2022 AND W.M.P.NO.2457 OF 2022 R.H. Kingslay ... Petitioner VS.

1. Indian Immunological Limited, Represented by its Deputy Managing Director, A4, Jubilee Hills, Hyderabad 500033, Telengana.

2. Human Biological Institute, A Division of Indian Immunological Limited, Kozipannai, Pudumund, Udhagamandalam, Ooty. ... Respondents PRAYER: Writ Petition filed under Section 226 of the Constitution of India to issue a Writ of Certiorari or any other appropriate writ, order or direction to call for the records of the enquiry report dated 03.12.2021 and consequential proceedings dated 31.12.2021 on the file of the 1^st Respondent and quash the same as wholly arbitrary, unjust and without jurisdiction.

For Petitioner : Mr. Sharath Chandran For Respondent-1 : Mr. S. Silambannan Additional Advocate General Assisted by Mr.K.Sathish For Respondent-2 : Mr.M.S. Krishnan Senior Counsel for Ms.Anandhalakshmi

O R D E R

This Writ Petition has been filed challenging the punishment of dismissal of the petitioner from Fixed Term Employment.

2.The following charges have been framed against the petitioner:

“i. You have started your own firm VK Constructions with your friend and neighbour in February 2021, and that you have control over the works & contract labour of that Company.

ii. You have numerous financial transactions with the supervisor working with M/s VK Constructions, Mr.Pitabas, directly from your HDFC Bank Account No.12701050000785.

iii. HBI Ooty has engaged M/s Andavar Industries & M/s SR23 Company for various fabrication works. You have been lending/funding money to Mr. Gandhi Suresh Raja who is the proprietor of M/s SR23 Company. You have received gifts and money from Mr.Suresh & his Company.

iv. You have received Rs.10,000/- from M/s AR Systems, Chennal in the month of March, 2021, and a sum of Rs.25,000/- from M/s Air Guru, into your bank account. Both M/s AR Systems and M/s Air Guru are active vendors for HB1, Ooty.

v. Further, it has also been reported that you have received a sum of Rs.2,00,000/- through your wife Ms. Mounica Nancy Kingslay's HDFC Bank account No 50100373556387, from M/s Multitech System Automation, Chennai, who is an active vendor for HBI, Ooty.”

3.The charges (i) to (iii) have not been proved. However, the Enquiry Officer held that charges 4 and 5 have been proved and based on that he was dismissed from the service. Though the petitioner was working more than 23 years, he has not made permanent and only contractual appointment has been made. Last such appointment was made on 01.04.2020 for a period of three years as per the appointment letter dated 29.10.2020. Though the contract stipulates that the company reserves the right to terminate his service by giving one month's notice or by paying one month's salary in lieu thereof, disciplinary proceedings has been initiated against the petitioner. 4.It is submitted by the learned counsel for the petitioner that he is not likely to continue as contract employee and instead of dismissal order he may be relieved, accepting his resignation. In this regard, the petitioner has also filed an affidavit dated 16.10.2023, wherein it is stated as follows:

“a. That this Hon'ble Court may be pleased to record my request to resign from the services of the 2^nd respondent Institute, and a relieving order to that effect be issued by the respondents.

b. I undertake that I will not seek re-employment with the 1^st or 2^nd respondent Institute in future.

c. I Undertake to oblige by order of this Hon'ble Court and shall not reagitate this issue.

4. I respectfully pray that upon acceptance of my resignation, this Hon'ble Court may be pleased to direct the respondents to pay me the statutory benefits and other dues until 31.12.2021. I undertake not to claim any benefits from the date of the impugned order i.e., 31.12.2021.”

5.It is pertinent to note that the charges have been proved only on