K.Kamalakannan v. The Tamil Nadu State Apex Co- Operative Bank Ltd

[IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Kamalakannan .....

Petitioner in W.P.No.1183 of 2024 K.Prawin Chakravarthy .....

Petitioner in W.P.No.1185 of 2024 M.Venkatesh .....

Petitioner in W.P.No.1187 of 2024 V.Karthik .....

Petitioner in W.P.No.1189 of 2024 Vs

1. The Tamil Nadu State Apex Co-operative Bank Ltd., Represented by its Managing Director, 4th NSC Bose Road, Chennai - 600 001.

2. The General Manager (Admin), TNSC Bank Ltd., 4th, NSC Bose Road, Chennai - 600 001.

3. The Co-operative Sub Registrar, Enquiry Officer, TNSC Bank Ltd., 4th, NSC Bose Road, Chennai - 600 001.

.....

Respondents in all W.Ps

Common Prayer : Writ Petitions filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to promote the petitioner as Manager in the first respondent Bank within a reasonable time to be fixed by this Court. In all W.Ps For Petitioners : Mr. P.Chandrasekaran For Respondents : Dr.T.Seenivasan Special Government Pleader COMMON

ORDER

These Writ Petitions have been filed for direction directing the respondents 1and 2 to promote the petitioners to the post of Manager in the first respondent Bank.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners were appointed as an Assistant and thereafter, they were promoted to the post of Assistant Manager. When in the zone of consideration, they were served with charge memo dated 18.01.2023, thereby called upon the petitioners to submit their explanation for the violation of Employees Code of Conduct. Thereafter, an enquiry was ordered under Section 81 of the Tamil Nadu Co-operative Societies Act 1983. After enquiry, no order has been passed. Now, the petitioners submitted representation to promote them to the post of

Manager in the first respondent Bank. After conducting enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, no order has been passed so far.

4. Therefore, the respondents 2 and 3 are directed to pass appropriate orders on the enquiry conducted under Section 81 of the Tamil Nadu Co-operative Societies Act, within a period of twelve weeks from the date of receipt of a copy of this order. If the petitioners are under the zone of consideration for the promotion to the post of Manager in the first respondent Bank, the first and second respondents are directed to consider and pass orders on merits and in accordance with law, thereafter.

5. With the above directions, these writ petitions stand disposed of. No costs.

22.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp G.K.ILANTHIRAIYAN. J,

Lpp To

1. The Managing Director, The Tamil Nadu State Apex Co-operative Bank Ltd., 4th NSC Bose Road, Chennai - 600 001.

2. The General Manager (Admin), TNSC Bank Ltd., 4th, NSC Bose Road, Chennai - 600 001.

3. The Co-operative Sub Registrar, Enquiry Officer, TNSC Bank Ltd., 4th, NSC Bose Road, Chennai - 600 001.

22.01.2024