Dismissed

S.Arockia Felix, v. the Executive Director

Madras HC6 Sept 2016WP(MD)/16007/2016

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking reinstatement into service and quashing of an impugned disciplinary order. The High Court dismissed the petition, holding that the plea for reinstatement could not be entertained while disciplinary proceedings were pending, though it directed the respondents to act expeditiously.

What did the court decide?

Writ petition dismissed; respondents directed to act expeditiously in disciplinary proceedings. No costs.

S.Arockia Felix, Vs the Executive Director — Pension and Retirement Benefits | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2016

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CORAM THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.16007 of 2016 and W.M.P(MD)Nos.11709 and 11710 of 2016

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S.Arockia Felix ... Petitioner

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vs. 1)The Executive Director, Indian Bank, Corporate Office, No.254-260, Avvai Shanmugam Salai, Royapettah, Chennai-600 002. 2)The Deputy General Manager/Appellate Authority, Corporate Office, Vigilance Department, No.254-260, Avvai Shanmugam Salai, Royapettah, Chennai-600 002. 3)The Deputy General Manager/Zonal Head, Indian Bank, Zonal Office, Dr.Besant Road, Kumbakonam, Thanjavur District.

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4)The Assistant General Manager/SIC/Disciplinary Authority, Indian Bank, Dr.Besant Road, Kumbakonam, Thanjavur District. ... Respondents

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Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 4^th respondent in Ref.No.ZOK:Vig:31514 dated 07.04.2015 and to quash the same and consequently direct the respondents to https://hcservices.ecourts.gov.in/hcservices/ reinstate the petitioner into service with all consequential and other attendant benefits.

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For Petitioner : Mr.G.Sankaran For Respondents : Mr.S.Devaraj

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ORDER

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By the order dated 18.11.2015, this Court in W.P(MD)No.20420 of 2015, directed the respondents therein, to pass final orders in the disciplinary proceedings relating to the charge memo dated 31.08.2015, within a period of nine months from the date of receipt of a copy of the order.

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2.Learned counsel for the petitioner would submit that this time frame as ordered by this Court has not been followed and therefore, the disciplinary proceedings should be quashed.

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3.Learned counsel for the respondents would submit that copy of the order dated 18.11.2015 was received by the respondents only on 03.12.2015 and thereafter they completed the enquiry within a period of four months i.e., on 24.04.2016.

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4.Learned counsel for the petitioner would submit that copy of the enquiry report was received by the petitioner only on 16.08.2015. It appears, reply of the petitioner to the findings of the enquiry officer is expected and it is pointed out that once the reply is given, the respondents would be in a position to pass final order in the disciplinary proceedings.

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5.Under such circumstances, this writ petition seeking a direction to the respondents to reinstate the petitioner into service with all consequential attendant benefits, cannot be entertained and the writ petition is dismissed. However, the respondents are directed to act expeditiously, keeping in mind the directions issued by this Court. No costs. Consequently, W.M.P (MD)Nos.11709 and 11710 of 2016 are closed.

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Sd/-

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Assistant Registrar(Crl.side)

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/True copy/

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Sub Assistant Registrar

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1)The Executive Director, Indian Bank, Corporate Office, No.254-260, Avvai Shanmugam Salai, Royapettah,

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Chennai-600 002. https://hcservices.ecourts.gov.in/hcservices/

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2)The Deputy General Manager/Appellate Authority, Corporate Office, Vigilance Department, No.254-260, Avvai Shanmugam Salai, Royapettah, Chennai-600 002.

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3)The Deputy General Manager/Zonal Head, Indian Bank, Zonal Office, Dr.Besant Road, Kumbakonam, Thanjavur District.

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4)The Assistant General Manager/SIC/Disciplinary Authority, Indian Bank, Dr.Besant Road, Kumbakonam, Thanjavur District.

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+1cc to Mr.G.Sankaran, Advocate SR.No.50746 +1cc to Mr.S.Devraj, Advocate SR.No.50329

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nbi

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sm:PV:24/10/2016:3P/7C

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W.P(MD)No.16007 of 2016 06.09.2016

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https://hcservices.ecourts.gov.in/hcservices/

S.Arockia Felix, v. the Executive Director

Case brief

What is this about?

What did the court decide?

S.Arockia Felix, v. the Executive Director

Case brief

What is this about?

What did the court decide?

What the court decided

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