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Madras High CourtWA/1140/2017disposed of

Dr.K.Rayar, Sr.No.521929 v. The Chairman, Life Insurance

2018-06-14Honourable Mr Justice M.Dhandapani,Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 14-06-2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.1140 OF 2017 against up WP.No.18228 of 2017 Dr.K.Rayar ....

Appellant -vs1.The Chairman, Central Office, L.I.C.Building, 5th Floor, West Wing, Yogakshema, Jeevan Bhima Marg, Nariman Point, Mumbai - 400 021.

2.The Zonal Manager, LIC Zonal Office, South Zone, 12th Floor, L.I.C.Building, No.153, Anna Salai, Chennai-600 002.

3.The Regional Manager (P& IR), LIC Zonal Office, South Zone, 7th Floor, L.I.C.Building, No.153, Anna Salai, Chennai - 600 002.

4.The Senior Divisional Manager, L.I.C.Divisional Office, No.60D, Arcot Road, Vellore - 632 004.

5.Thiru S.V.Sathiyanarayana 6.Thiru B.Thulasiraman 7.The Branch Manager, L.I.C.Branch Office, Villupuram Branch, East Pondy Street, Villupuram -605 401.

...Respondents/Respondents

Appeal under Clause 15 of the Letters Patent against the order, dated 19.07.2017, passed in W.P.No.18228 of 2017, on the file of this Court.

WP.No.18228 of 2017:This writ petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus and call for the records relating to the suspension order passed in proceedings No. Nil dated 7.6.2017 passed by the 4th respondent and quash the same and consequently direct the respondents to grant all the service and monetary benefits within a time limit to be fixed by this Honourable court. For appellant : Mr.D.Prabhu Mukunth Arunkumar For respondents: Mr.C.K.Chandrasekar

JUDGMENT

(Judgment of the Court was delivered by M.Dhandapani,J.) Appellant/writ petitioner has filed the Writ Petition, challenging the order of suspension, passed against him, by the respondents. The learned single Judge dismissed the said Writ Petition, as against which, the present Writ Appeal is filed.

2. According to the learned counsel for the appellant, after the suspension of the appellant, the department conducted an inquiry and passed an order suspending him from service, as against which, he filed an appeal before the appellate authority, and pending the said appeal, this Writ Appeal is filed

3. Learned counsel for the appellant would submit that it would suffice to issue a direction to the respondents to consider the case of the appellant in accordance with law.

4. We have heard the learned counsel for the parties.

5. When the appeal is pending before the appellate authority, nothing is required to be considered in this Writ Appeal. However, we direct the appellate authority, who has

seized of the matter, to dispose of the appeal within a period of six months from the date of receipt of a copy of this order, after following the due process of law. We make it clear that the appellate authority shall dispose of the matter uninfluenced by any of the observations made either by the learned single Judge or by this Division Bench within the stipulated period, as above. It is open to the parties to put forth their contentions which are raised in this appeal before the appellate authority.

6. With the above direction and observations, this Writ Appeal is disposed of. No costs. Consequently, the connected C.M.P.Nos.15864 of 2017 and 5471 of 2018 are closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Chairman, Central Office, L.I.C.Building, 5th Floor, West Wing, Yogakshema, Jeevan Bhima Marg, Nariman Point, Mumbai - 400 021.

2.The Zonal Manager, LIC Zonal Office, South Zone, 12th Floor, L.I.C.Building, No.153, Anna Salai, Chennai-600 002.

3.The Regional Manager (P& IR), LIC Zonal Office, South Zone, 7th Floor, L.I.C.Building, No.153, Anna Salai, Chennai - 600 002.

4.The Senior Divisional Manager, L.I.C.Divisional Office, No.60D, Arcot Road, Vellore - 632 004.

5.The Branch Manager, L.I.C.Branch Office, Villupuram Branch, East Pondy Street, Villupuram -605 401.

+1cc to M/s.C.K.Chandrasekar, Advocate Sr.No.37340 +1cc to Mr.D.Prabha Mukunth Arunkumar, Advocate Sr.No.37730 +5cc to Mr.D.Prabha Mukunth Arunkumar, Advocate Sr.No.37730 dt.25.7.2018 RK(CO) sm:16.7.2018 W.A.No.1140 OF 2017