G.Purushothaman v. The Deputy General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2019 CORAM :

THE HONOURABLE MR. JUSTICE M. DURAISWAMY W.P. No.35558 of 2005 G.Purushothaman ... Petitioner Vs.

1.The Deputy General Manager cum Appellate Authority, State Bank of India, Disciplinary Proceedings Section, Zonal Office, 86, Rajaji Salai, Chennai - 600 001.

2.The Assistant General Manager, Region-I cum Disciplinary Authority, State Bank of India, Disciplinary Proceedings Section, Zonal Office, 86, Rajaji Salai, Chennai - 600 001.

3.Dr.A.A.Rajasekar, Chief Manager and Enquiry Officer, State Bank of India, Perambur Branch, Chennai - 600 011.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the 2nd respondent in DIS/CON/No.228 dated 19.08.2005 as confirmed in appeal by the 1st respondent by order in DIS/CON/No.285 dated 28.09.2005 and quash the same and to consequently direct the respondents 1 and 2 to reinstate the petitioner in service as Special Assistant together with backwages and all attendant benefits.

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For Petitioner : Ms.P.Priyanka for Dr.R.Gowri For R1 and R2 : Mr.S.Ravindran Senior Counsel for Mr.S.Bazeer Ahmed R3 : Died

O R D E R

The petitioner has filed the above writ petition to issue a writ of certiorarified mandamus to call for the records relating to the order passed by the 2nd respondent dated 19.08.2005 as confirmed in appeal by the 1st respondent by order dated 28.09.2005 and quash the same and consequently, to direct the respondents 1 and 2 to reinstate the petitioner in service as Special Assistant, together with back wages and all attendant benefits.

2.The respondents 1 and 2 have filed their counter affidavit dated 08.03.2016, wherein, they have stated that the petitioner had expired on 24.02.2009 and therefore, the writ petition has become infructuous.

3.Though the petitioner died as early as on 24.02.2009, till today, the legal representatives of the deceased petitioner have not taken any steps to get themselves substituted in the place of the petitioner. Under these circumstances, this writ petition is dismissed as abated. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mkn 2/3

To 1.The Deputy General Manager cum Appellate Authority, State Bank of India, Disciplinary Proceedings Section, Zonal Office, 86, Rajaji Salai, Chennai - 600 001.

2.The Assistant General Manager, Region-I cum Disciplinary Authority, State Bank of India, Disciplinary Proceedings Section, Zonal Office, 86, Rajaji Salai, Chennai - 600 001.

+1 cc to Mr.S.Bazeer Ahmed Advocate sr96118 W.P. No.35558 of 2005 aa27/12/2019 3/3