In a writ petition filed under special original jurisdiction to seek a stay on disciplinary proceedings, the Bench dismissed a stay petition which was not merged with the main petition. The court returned the matter without substantive adjudication of the stay claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
Tuesday, the Twenty Fourth day of September Two Thousand Nineteen
PRESENT
THE HON`BLE MR JUSTICE M.DHANDAPANI
WMP No.2903 of 2019
in WP.No.2624 of 2019
DR.T.E.THIRUVENGADAM [ PETITIONER ] ETHIRAJ-AMIRTHAVALLI ULLAM, 21/12, MOSQUE STREET, WEST SAIDAPET, CHENNAI - 600 015. Vs 1 REPCO BANK, [ RESPONDENTS ] (GOVERNMENT OF INDIA ENTERPRISE) 33, NORTH, USMAN ROAD, T.NAGAR, CHENNAI-600 017. 2 REVIEWING AUTHORITY / BOARD OF DIRECTORS,, REPCO BANK HEAD OFFICE, NO.33, NORTH USMAN ROAD, T.NAGAR, CHENNAI - 600 017.
3 THE CHAIRMAN/ APPELLATE AUTH ORITY,, REPCO BANK, PUBLIC AND REHABILITATION DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT ST.GEORGE, SECRETARIAT, CHENNAI - 600 009.
4 MANAGING DIRECTOR-IN-CHARGE / DISCIPLINARY AUTHORITY, REPCO BANK, HEAD OFFICE, 33, NORTH USMAN ROAD, T.NAGAR, CHENNAI - 600 017. 5 GENERAL MANGER / INQUIRY AUT HORITY, REPATRIATES COOPERATIVE FINANCE AND DEVELOPMENT BANK, HEAD OFFICE, 33, NORTH USMAN ROAD, T.NAGAR, CHENNAI - 600 017.
6 THE DIRECTOR, REPCO BANK, SPECIAL SECRETARY AND FINANCIAL ADVISOR, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI -110 001.
7 THE JOINT SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER AND REHABILITATIION DIVISION, NDCC II BUILDING, JAISINGH ROAD, NEW DELHI - 110 001.
8 THE DIRECTOR, REPCO BANK, DIRECTOR OF REHABILITATION, GOVERNMENT OF TAMILNADU, EZHILAGAM, CHEPAUK, CHENNAI-600 005.
9 THE DIRECTOR , REPCO BANK, PRINCIPAL SECRETARY TO GOVT. REVENUE DEPARTMENT, GOVT. OF KARNATAKA, NO.506, 3RD GATE, 5TH FLOOR, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI,
10 THE DIRECTOR REPCO BANK, ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPT., GOVERNMENT OF KERALA, ROOM NO.138, 2ND FLOOR NORTH BLOCK, GOVERNMENT SECRETARIAT,
11 THE DIRECTOR, REPCO BANK, SHRI.L.MUNEESWAR GANESAN, NO.456, 3RD LINK ROAD, V.MAIN ROAD, MKB NAGAR, VYASARPADI, CHENNAI - 600 039.
12 THE DIRECTOR, REPCO BANK, SHRI.P.MAHALINGAM, RENAISSANCE, KALAMAVOOR, PUDUKOTTAI DISTRICT, PIN 622 502.
13 R.VARADARAJAN, EX.MANAGING DIRECTOR / DISCIPLINARY AUTHORITY OF REPCO BANK, 35/67, SAI NIVAS, VENKATARATHINAM NAGAR, 1ST MAIN ROAD, INDIRA NAGAR, CHENNAI - 600 020
14 R.S.ISABELLA, EXECUTIVE DIRECTOR, PLOT NO.23, V.G.SELVA NAGAR EXTN., VIJAY NAGAR, VELACHERRY, CHENNAI - 600 042.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay all further proceedings of disciplinary proceedings arising out of charge memo No.1/Emp.No.76/2016/Admn./DA1 dated 26.02.2016 including the Review order No.1/Emp/76/2019/IR/Review dated 3.01.2019 and consequential proceedings of 4th respondent in No.76/2019/PAD dated 04.01.2019 (in WMP.No.2903/2019) pending disposal of the above WP.No.2624/2019.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.MANIVASAGAM ASSOCIATES, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:-
Since the prayer in the stay petition cannot be merged with the main petition, interim stay cannot be granted at this stage.
24/09/2019
/ TRUE COPY /
Sub Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
1 REPCO BANK,
(GOVERNMENT OF INDIA ENTERPRISE)
33, NORTH, USMAN ROAD, T.NAGAR, CHENNAI-600 017.
2 REVIEWING AUTHORITY / BOARD
OF DIRECTORS,, REPCO BANK HEAD OFFICE, NO.33,
NORTH USMAN ROAD, T.NAGAR, CHENNAI - 600 017.
3 THE CHAIRMAN/ APPELLATE AUTHORITY,
REPCO BANK, PUBLIC AND
REHABILITATION DEPARTMENT, GOVERNMENT OF
TAMIL NADU, FORT ST.GEORGE, SECRETARIAT,
CHENNAI - 600 009.
4 MANAGING DIRECTOR-IN-CHARGE /
DISCIPLINARY AUTHORITY, REPCO BANK, HEAD
OFFICE, 33, NORTH USMAN ROAD, T.NAGAR,
CHENNAI - 600 017.
5 GENERAL MANGER / INQUIRY AUT
HORITY,, REPATRIATES COOPERATIVE FINANCE AND
DEVELOPMENT BANK, HEAD OFFICE,
33, NORTH USMAN ROAD, T.NAGAR, CHENNAI - 600 017.
6 THE DIRECTOR,
REPCO BANK, SPECIAL SECRETARY AND FINANCIAL
ADVISOR, MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI -110 001.
7 THE JOINT SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER AND REHABILITATIION DIVISION, NDCC II BUILDING, JAISINGH ROAD, NEW DELHI - 110 001. 8 THE DIRECTOR, REPCO BANK, DIRECTOR OF REHABILITATION, GOVERNMENT OF TAMILNADU, EZHILAGAM, CHEPAUK, CHENNAI-600005. 9 THE DIRECTOR , REPCO BANK, PRINCIPAL SECRETARY TO GOVT. REVENUE DEPARTMENT, GOVT. OF KARNATAKA, NO. 506, 3RD GATE, 5TH FLOOR, M.S.BUILDING, DR.B. R.AMBEDKAR VEEDHI, 10 THE DIRECTOR REPCO BANK, ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPT., GOVERNMENT OF KERALA, ROOM NO.138, 2ND FLOOR NORTH BLOCK, GOVERNMENT SECRETARIAT, 11 THE DIRECTOR, REPCO BANK, SHRI.L.MUNEESWAR GANESAN, NO.456, 3RD LINK ROAD, V.MAIN ROAD, MKB NAGAR, VYASARPADI, CHENNAI - 600 039. C.C. to M/S.M.MANIVASAGAM ASSOCIATES Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.2903/2019 in WP.No.2624/2019 Date :24/09/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(11/10/2019)
1 issue framed by the court
Whether the early dismissal of a writ petition filed to seek a stay on disciplinary proceedings constitutes an order suitable for index.
Dr. T.E. Thiruvengadam
REPCO BANK
Reviewing Authority / Board of Directors, REPCO BANK
Chairman / Appellate Authority, REPCO BANK
Managing Director / Disciplinary Authority, REPCO BANK
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
