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Madras High CourtWP/9022/2014disposed of

S.Palaninathan v. The State Level Scrutiny

2016-11-14Honourable Mr Justice V. Parthiban,Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2016

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Petition No.9022 of 2014 and MP.No.1 of 2014 S.Palaninathan

...Petitioner

Vs.

1 The State Level Scrutiny Committee rep.by its Chairman and Secretary to Government Adhi-Dravider and Tribal Welfare Department Secretariat, Chennai 600 009 2 The District Collector and Chairman District Level Vigilance Committee Namakkal District, Namakkal 3 The Central Bank of India, Rep. By its Regional Manager, Regional Office, 1-C, Ranga Complex, Karur Road, West Chintamani, Trichy- 620 002.

...Respondents

Writ Petition filed under Article226 of the Constitution of India, praying for a writ of Certiorarified Mandamus to call for the records of the proceedings bearing No.10998/ADW5/ 2008-8 dated 28.10.2013 of the 1st respondent and the consequential order of the 3rd respondent in the proceedings bearing No.RO/ TRY/ HRD/ DAD/2013-14 /663 dated 8.11.2013 and to quash the orders passed therein and direct the 3rd respondent to reinstate the petitioner in the service with all consequential benefits arising there-from.

For Petitioner : Mr.Yogesh Kannadasan For Respondents : Mr.R.Prathapkumar Addl Govt.Pleader for R1 and R2 Mr.B.Thilak Narayanan for Mr.T.M.Hariharan for R3

ORDER

(Order of the Court was made by Huluvadi G.Ramesh,J) Heard the learned counsel appearing for the respective parties.

2. The petitioner joined as a Clerk on 01.11.1983 in the office of the 3rd respondent by selection through Banking Service Recruitment Board under the quota reserved for Scheduled Tribes. At the time of appointment, the petitioner produced a community certificate dated 01.02.1983 obtained from the Additional Tahsildar, Namakkal Taluk. Thereafter, on verification of the said community certificate by the 3rd respondent, the same was cancelled. The petitioner filed W.P.No.1505 of 1991 wherein, a direction was given to the District Level Vigilance Committee to pass appropriate orders. Subsequently, adverse order is passed against the petitioner. Challenging the same, another Writ Petition No.

12488 of 2001 has been filed, wherein, a direction was given to conduct enquiry on the matter by the Three Member District Level Committee and pass orders. The said committee cancelled the certificate by order dated 12.12.2005. After several rounds of litigation, the State Level Scrutiny Committee, passed the impugned order dated 28.10.2013, cancelling the community certificate. The third respondent-Bank also passed the order of termination dated 08.11.2013, as against which, this Writ Petition is filed.

3. The learned counsel for the petitioner relied on the order dated 10.12.2015 passed by a Division Bench of this court in W.P.No.23190 of 2015 (S.Prabhuraj Vs. The Tamil Nadu State Level Scrutiny Committee and 2 others), wherein, the matter regarding genuineness of community certificate was remitted back to State Level Scrutiny Committee to examine the case of the petitioner afresh in accordance with the well settled procedure as laid down by the Supreme Court and incorporated in several

Government Orders issued by the Government.

4. So far as the issues regarding community certificate and the validity of the termination order passed against the petitioner are concerned, law is well settled and accordingly, the matter is remitted back to the State Level Scrutiny Committee to examine the case of the petitioner afresh in accordance with the well settled procedure as laid down by the Supreme Court and incorporated in several Government orders issued by the Government. However, it is needless to state that since the third respondent-Bank has passed the order hurriedly, without verification as per the procedure laid down by the Supreme Court and permitted the service of the petitioner from 01.11.1983 till the date of termination, the period from the date of termination dated 08.11.2013 and thereafter, shall be treated as duty.

The petitioner is entitled to backwages from the date of termination till the date of submission of vigilance enquiry report. The 3rd respondent, on receipt of report from the State Level Scrutiny Committee, shall take appropriate decision and irrespective of the result of the enquiry report, the petitioner is entitled to backwages till the date of such report. If the community certificate of the petitioner found to be genuine, then necessarily the petitioner's service has to be continued by way of continuity of service and other benefits.

5. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected MP is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1 The State Level Scrutiny Committee rep.by its Chairman and Secretary to Government Adhi-Dravider and Tribal Welfare Department Secretariat, Chennai 600 009

2 The District Collector and Chairman District Level Vigilance Committee Namakkal District, Namakkal 3 The Central Bank of India, Rep. By its Regional Manager, Regional Office, 1-C, Ranga Complex, Karur Road, West Chintamani, Trichy- 620 002.

+1cc to Mr.T.M.Hariharan, Advocate, S.R.No. 65719 +1cc to the Government Pleader, S.R.No. 65823 W.P.No.9022 of 2014 PK (CO) PSI(29/12/2016)