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In the result, the Award is set aside. As a corollary, the petitioners are granted leave to institute de novo arbitration proceedings. If such proceedings are instituted, the petitioners shall be entitled to the benefit of Section 43(4) of the Arbitration Act. Arb.O.P.(Comm.Div)No.20 of 2022 is allowed on the above terms without any order as to costs. Index : Yes 12.08.2022 Internet:Yes rrg SENTHILKUMAR RAMAMOORTHY J., Petitioners : Mr.P.Wilson, Senior Advocate, Assisted by Mr.R.Priyakumar For Respondent : Mr.S.Rajendrakumar for M/s.Norton & Grant
by Sekar Reporter · Published August 12, 2022
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government servant who was never interested in the service and never served the people, cannot by filing writ petition under Article 226 of the Constitution of India unjustly enrich himself, just because the proceedings were initiated and conducted in a slow pace. The basic requirement as per Rule 11 of the Fundamental Rules of the Tamilnadu Government, is that whole time of the Government Servant should be at the disposal of the Government which pays him. A person who all the time abandoned his duty is not entitled for the extraordinary relief in Writ Jurisdiction. The present writ petition is nothing but an abuse of process of law and therefore, this Court will not exercise its extraordinary jurisdiction under Article 226 of the Constitution of India to grant any relief to the petitioner. In the result, finding no merits, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [D.B.C., J.] 13.09.2023 NCC : Yes / No Index:Yes/No Internet:Yes/No sji To: The Secretary to Government, State of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai-600 009 S.S.SUNDAR, J. AND D.BHARATHA CHAKRAVARTHY,J. Pre-Delivery Order made in W.P.(MD)No.4105 of 2010 and M.P(MD)No.1 of 2010 13.09.2023 [1] 2005 (2) CTC 169 [2] (1999) 3 SCC 679 [3] 2008 (6) CTC 257
by Sekar Reporter · Published October 10, 2023
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