M.Jeyalakshmi 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 W.P.No. 1265 of 2024 M.Jeyalakshmi .....

Petitioner Vs

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

2. The General Manager (Admin),

3. The Co-operative Sub Registrar, Enquiry Officer, .....

Respondents Prayer : Writ Petition 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 to the post of Manager in the first respondent Bank within a reasonable time to be fixed by this Court.

For Petitioner : Mr. P.Chandrasekaran For Respondents : Dr.T.Seenivasan Special Government Pleader

ORDER

This Writ Petition has been filed for direction directing the respondents 1and 2 to promote the petitioner 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 petitioner was appointed as an Assistant and thereafter, he was promoted to the post of Assistant Manager. When in the zone of consideration, he was served with charge memo dated 18.01.2023, thereby called upon the petitioner to submit his 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 petitioner submitted representation to promote him 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 petitioner is 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 To

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

2. The General Manager (Admin), G.K.ILANTHIRAIYAN. J, Lpp

3. The Co-operative Sub Registrar,

Enquiry Officer, W.P.No. 1265 of 2024 22.01.2024