9911796707
TMI Blog2009 (7) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... C. J. Heard. Rule. Respondents waive service. By consent, Rule is made returnable forthwith. 2. The Petitioner was appointed as Division Chief (General Stream) by the Securities and Exchange Board of India (hereinafter referred to as the Board ) on 5th April, 2004. Respondent No.2 Member of the Board, vide his order dated 6th May, 2004 placed the Petitioner under suspension with immediate effect as departmental inquiry was contemplated against him. This order of suspension was challenged by the Petitioner in Writ Petition No. 464 of 2005 on various grounds, inter alia, that the same was without jurisdiction and punitive in its contents. Writ Petition No.464 of 2005 was dismissed by the order of a Division Bench of this Court dated 14 th Dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the Appellate Authority for seeking permission to engage a lawyer and that the Appeal be heard by an Independent Members of the Board and not by the whole time member. On 25th March, 2009, the Petitioner was informed by Respondent No.1 of the rate of license fee for retaining official quarters and was also asked him to vacate and hand over vacant and peaceful possession of the service quarters latest by 30th April, 2009. 3. Aggrieved by this attitude of the Respondents, the Petitioner filed Writ Petition (Lodging) No.784 of 2009 (registered as Writ Petition No.909 of 2009) before this Court praying that his Appeal should be heard expeditiously as possible by Independent Members, as well as he should not be asked to vacate his official ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondents be directed to disclose the entire amount due and payable to the Petitioner as on 16th January, 2009 and disburse the same immediately in the event of any advese orders being passed against him. 5. As we have already noticed, this Petition was contested by the Respondents. The Respondents had also stated that they were not willing to consider the resignation of the Petitioner and would deal with it in accordance with law. 6. We have already noticed that between the order of his suspension and passing of the order of dismissal and subsequently till filing of this Writ Petition, this is the third Writ Petition filed by the Petitioner before this Court. In fact, grounds and averments made in the present Writ Petition and the groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 79 or order of suspension under Regulation 86 and the appeal would lie to the appellate Authority. Note to Regulation 88(1) clarifies the word Appellate Authority and reads as under: Note: For the purpose of this regulation Appellate Authority means the Board, in case the Chairman is the competent authority; Chairman or whole-time member of the Board, in case the Executive Director is the competent authority and Executive Director concerned in all other cases. A bare reading of the above note to Regulation 88 clearly shows that the order passed by the Executive Director imposing penalty upon the Petitioner, remedy of appeal is available under Regulation 88(1). The Appellate Authority would mean the Board in case the Chairman is competent au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd to the retaining of official quarters is concerned, it would clearly be barred by principle of res judicata as the order passed by a Division Bench of this Court dated24th April, 2009 has attained finality and is binding on the parties to the Petition. 9. Another contention which was raised before us is that the present Writ Petition is not maintainable because the Petitioner should be directed to pursue his statutory remedy before the Appellate Authority and not before this Court by way of filing Writ Petitions repeatedly. 10. It is a settled principle of law that the availability of statutory alternate remedy normally would be an impediment to exercise the powers under Article 226 of the Constitution of India unless it satisfies the in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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