A.Sriram v. The Chief Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :30.04.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.14899 to 14901 of 2018 and W.M.P.Nos.17618 & 17617 of 2018 A.Sriram ..Petitioner in all W.Ps vs 1.The Chief Manager, Indian Overseas Bank, Ekkattuthangal Branch, Chennai - 600 032 2.The Deputy General Manager/Disciplinary Authority, Central office, 763, Anna Salai, Chennai - 600 002.
..Respondents in all W.Ps Prayer in W.P.No.14899 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in proceedings dated 17.12.2015 in DO:VIG/CM[RP]: DA:5752:2015-16, quash the same and consequently direct the 1st respondent to reinstate the petitioner after revoking the suspension order dated 17.12.2015.
Prayer in W.P.No.14900 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in proceedings dated 11.02.2016 in C&DAC:DA:9390:6873:2015-16 quash the same and consequently direct the 1st respondent to reinstate the petitioner after revoking the suspension order dated 11.02.2016. Prayer in W.P.No.14901 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay to the petitioner the subsistence allowance for the period from 17.12.2015 date. For Petitioner : Mr.Niranjan Rajagopalan For M/s.G.R.Associates(in all W.Ps) For Respondents : Mr.N.G.R.Prasad and Mr.K.Srinivasamurthy for R1 & R2(in all W.Ps.)
C O M M O N O R D E R W.P.No.14899 of 2018: The order of suspension dated 17.12.2015 issued by the 2nd respondent is under challenge in the present writ petition and consequently, a direction is also sought for to reinstate the writ petitioner.
1.1.W.P.No.14900 of 2018: This writ petition was filed, challenging the proceedings dated 11.02.2016 and to direct the 1st respondent to reinstate the writ petitioner after revoking the order of suspension.
1.1.W.P.No.14901 of 2018: This writ petition was filed for a direction to pay the Subsistence Allowance for the period from 17.12.2015.
2.The learned counsel for the writ petitioner brought to the notice of this Court that the order of suspension has already been revoked by the respondents in proceedings dated 21.02.2019. However, the other issues are to be left open for the purpose after adjudication.
3.The learned counsel for the respondents made a submission that consequent to the revocation of the order of suspension, the writ petitioner is reinstated into service and he has to face the departmental disciplinary proceedings, which is already in the final stage. The enquiry proceedings are completed and the final orders are to be passed by the departmental disciplinary authority. The writ petitioner has to cooperate for the final disposal of the departmental disciplinary proceedings. The issues, which all are left out, the writ petitioner is at liberty to agitate the same, if any adverse order is passed against him in the departmental disciplinary proceedings. 4.
It is needless to state that in the event of passing any final orders, it is left open to the parties to adjudicate the issues for the purpose of redressing their grievances. 5.This being the factum, no further adjudication at present, is required in the present writ petitions and accordingly, all the writ petitions stand closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
To 1.The Chief Manager, Indian Overseas Bank, Ekkattuthangal Branch, Chennai - 600 032 2.The Deputy General Manager/Disciplinary Authority, Central office, 763, Anna Salai, Chennai - 600 002.
+3cc to M/s.G.R.Associates, Advocate sr.42952 to 42954 +3cc to Mr.N.G.R.Prasad, Advocate sr.42454 to 42456 W.P.Nos.14899 to 14901 of 2018 ssd(co) nr 03/07/2019