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Madras High CourtWP/5365/2017disposed of

Dr.T.E.Thiruvengadam v. The Principal Secretary To

2017-03-03Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2017

CORAM

THE HONOURABLE MR.JUSTICE M. SATHYANARAYANAN WP.No.5365/2017 Dr. T E Thiruvengadam

...Petitioner

..Vs..

The Principal Secretary to the Government Public and Rehabilitation Department, Government of Tamil Nadu / Appellate Authority REPCO Bank Fort St. George, Secretariat, Chennai.

...Responden Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondent to consider and pass suitable orders on the appeal of the petitioner dated 21.01.2017 within four weeks. For Petitioner :

Ms.Ramapriya Gopalakrishnan For Respondent : Mr.A. Ilangovan for REPCO Bank Mr.P.Senthilvel, GA for State Government

ORDER

By consent, the writ petition is taken up for final disposal. Mr.P.Senthilvel, learned Government Advocate assisted by Mr.A.Ilangovan, learned counsel accepting notice on behalf of the REPCO Bank, accepts notice on behalf of the State Government. The petitioner is employed as the General Manager of the REPCO Bank, Chennai-70 and vide proceedings of the Disciplinary Authority / Managing Director [Incharge] dated 08.12.2016, the petitioner was imposed with a punishment of reduction from top Manager Grade [Scale VI] to Middle Management Grade [Scale III] in the time scale of pay of Rs.42020-1310/548570-1460/2-51490 with immediate effect for breach of Regulation 3[1] read with Regulation 24 of REPCO Bank Officers' [Conduct] Regulations, 2003 and simultaneously, he is posted as Assistant General Manager, Vizag Main Branch and directed the petitioner to join duty on or before 14.12.2016. The petitioner, challenging the legality of the said punishment, submitted an Appeal Memorandum dated 21.01.2017 to the

respondent and since it has not been given disposal, came forward to file the present writ petition.

The learned counsel for the petitioner on instructions, would submit that though the Appeal Memorandum is stated to be an interim appeal, it is a regular appeal for all purposes and prays for appropriate orders for early disposal of the appeal and would further submit that the pendency of the Appeal, the petitioner may also be directed to file a petition for stay and that the petition for stay or the main appeal shall be taken up and given disposal at an early date and till then, the second portion of the impugned order transferring the petitioner to Vizag Main Branch, may be stayed.

Per contra, Mr.A.Ilangovan, learned Standing counsel appearing for the REPCO Bank would vehemently ocntend that the petitioner is going on filing vexatious litigations to stall the proceedings and also drawn the attention of this Court to the order of the Disciplinary Authority and would submit that the findings of the Enquiry Officer as well as the explanation submitted by the petitioner to the Enquiry Report have been taken into consideration in proper perspective and a right decision has been taken to reduce his rank and would further contend that the order, transferring the petitioner to Vizag Branch is merely an incidental one and that the petitioner has submitted his Appeal through the Disciplinary Authority to the Appellate Authority and as and when the appeal as well as the stay petition are filed, it will be given disposal as expeditiously as possible and in accordance with law. The Court has considered the rival submissions and also perused the materials placed before it.

This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner, permits the petitioner to submit the Appeal Memorandum to the respondent through the Disciplinary Authority/proper channel along with the petition for stay within a period of two weeks from the date of receipt of a copy of this order and the Disciplinary Authority upon the receipt of the same, if the papers are otherwise in order, shall forward the same to the Appellate Authority/respondent within a further period of four weeks thereafter and on receipt of the same, the Appellate Authority, is at option either to take up the petition for stay or the main appeal itself and give a disposal on merits and in accordance with law and pass appropriate orders within further period of eight weeks thereafter and communicate the decision taken to the petitioner and till such time, the Disciplinary Authority shall defer further proceedings as to the transfer of the petitioner to Vizag Main Branch.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar AP To The Principal Secretary to the Government Public and Rehabilitation Department, Government of Tamil Nadu/Appellate Authority REPCO Bank Fort St. George, Secretariat, Chennai +2ccs to M/s. Ramapriya Gopalakrishnan, Advocate, S.R.No.13883 +1cc to the Government Pleader, S.R.No.14473 NRI(CO) EU 15.03.17 WP.No.5365/2017