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Madras High CourtWA/875/2017disposed of

M.Ramasamy, v. Indian Overseas Bank,

2017-08-16Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.A.No.875 of 2017 M.Ramasamy ..

Appellant -vs1. Indian Overseas Bank rep.by its Chief Executive Officer/ MD (in charge) Central Office

2. The Chief Manager/Disciplinary Authority Central Office, HRMD (Industrial Relations Department) ..

Respondents Appeal under Clause 15 of the Letters Patent, against the order dated 21.06.2017 made in W.P.No.14401 of 2017.

For Appellant ::

Mr.K.M.Ramesh For Respondents ::

Mr.N.G.R.Prasad

JUDGMENT

(Judgment of the Court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel for the parties for some time. It appears that while passing the order in the writ petition, the learned single Judge has

imposed a condition on the appellant/writ petitioner to give an undertaking before the disciplinary authority to the effect that he will not raise a plea that he ceases to be an employee of the bank. But we are of the view that since the appellant has sought for only legal assistance, the same has been ordered by the learned single Judge, with which we do not find any fault. However, the remaining aspect of the undertaking to be given is shown to be a precautionary measure having understood the mindset of the parties. In such circumstances, although we do not insist for giving an undertaking, in the event if the appellant/writ petitioner does not participate in the enquiry proceedings, this order will not enure to his benefit and that the order of the learned single Judge will stand confirmed on this aspect. The writ appeal stands disposed of accordingly. Consequently, interim order stands vacated and the C.M.P.Nos.12218 & 12219 of 2017 are closed. No costs. Index : yes/no (H.G.R.,J.) (G.J.,J.) 16.08.2017 ss To

1. The Chief Executive Officer/ MD (in charge) Central Office

2. The Chief Manager/Disciplinary Authority Central Office, HRMD (Industrial Relations Department)

HULUVADI G.RAMESH, J.

AND G.JAYACHANDRAN, J.

ss W.A.No.875 of 2017 16.08.2017