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Madras High CourtWP/1406/2015dismissed

S.V.Chennakrishnan v. The Chief Manager/Disciplinary

2016-04-13Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice V. Ramasubramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.4.2016 CORAM :

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition Nos.1406, 12780 and 29111 of 2015 and MP.Nos.1,1 and 1 of 2015 S.V.Chennakrishnan ... Petitioner in both WP.Nos.1406 & 12780/2015 K.Ramalinga Jothi ... Petitioner in WP.No.29111/2015 Vs The Chief Manager/Disciplinary Authority, Indian Overseas Bank, Central Office, No.763, Anna Salai, Chennai-2.

... Respondent in both WP.Nos.1406 & 29111 of 2015 The Senior Manager/Disciplinary Authority, Indian Overseas Bank, Central Office, No.763, Anna Salai, Chennai-2.

... Respondent in WP.No.12780/2015 PETITIONS under Article 226 of The Constitution of India praying for the issuance of (i) a Writ of Mandamus forbearing the respondent from any manner in proceeding with or conducting the departmental proceeding pursuant to the charge sheet in DO: VIG: SM(KSGS): DA: 8636:2014 dated 3.6.2014 pending trial and decision in F.I.R's Nos.RC MA1 2014 A 0012 dated 21.3.2014 and RC MA1 2013 A 0025 dated 4.6.2013 on the file of the Deputy Inspector General of Police, Anti-Corruption Branch, Central Bureau of Investigation, Shastri Bhavan, Chennai-6 (WP.No.1406 of 2015); (ii) a Writ of Mandamus forbearing the respondent from any manner in proceeding with or conducting the departmental proceeding pursuant to the charge sheet in DO:SM(KSGS): DA:VIG:8636:6045:2014-15 dated 30.1.2015 pending trial and decision in F.I.R's.No.RC MA1 2013 A 0025 dated 4.6.2013 on the file of Deputy Inspector General of Police, Anti-Corruption Branch, Central Bureau of Investigation, Shastri Bhavan,

Chennai-6 (WP.No.12780 of 2015); and (iii) a Writ of Mandamus forbearing the respondent from any manner in proceeding with or conducting the departmental proceeding pursuant to the charge sheet in DO:DA:CM(SR):VIG:8431:5132:2014 dated 11.12.2014 pending trial and decision in F.I.R.'s No.RC MA1 2015 A 0030 dated 22.7.2015 on the file of Deputy Inspector General of Police, Anti-Corruption Branch, Central Bureau of Investigation, Shasthri Bhavan, Chennai-6 (WP.No. 29111 of 2015). For Petitioners : Mr.R.Sureshkumar for in all WPS M/s.K.M.Vijayan Associates For Respondents : Mr.N.G.R.Prasad in all WPS COMMON ORDER (Order of the Court was made by V.RAMASUBRAMANIAN,J) These writ petitions are filed by the employees of the Indian Overseas Bank, seeking to forbear the management from proceeding with the departmental action initiated against them. The challenge was made on the short ground that criminal proceedings are pending before the Trial Court on the very same set of facts and allegations.

2. Heard Mr.R.Sureshkumar, learned counsel for the petitioners and Mr.N.G.R.Prasad, learned counsel appearing for the respondents.

3. The issue raised in these writ petitions is covered by a decision rendered by a Bench of this Court, to which, one of us (VRSJ) was a party, on 31.3.2016 in W.A.Nos.1559 to 1570 of 2014.

4. Therefore, following the same, these three writ petitions are dismissed. No costs. Consequently, the above MPs are also dismissed.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar RS

To 1.The Chief Manager/Disciplinary Authority, Indian Overseas Bank, Central Office, No.763, Anna Salai, Chennai-2.

2.The Senior Manager/Disciplinary Authority, Indian Overseas Bank, Central Office, No.763, Anna Salai, Chennai-2.

+2cc's to M/s.K.M.Vijayan Associates, Advocate, S.R.Nos.23547 & 23658 +1cc to Mr.N.G.R.Prasad, Advocate, S.R.No.23293 WP.Nos.1406, 12780 and 29111 of 2015 & MP.Nos.1, 1 & 1 of 2015 SKS(CO) CA(25/04/2016)