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Madras High CourtWP/15724/2021disposed of

P.Sivakumar v. Government Of India

2022-04-19Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2022

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.15724 of 2021 P.Sivakumar

...Petitioner

vs.

1.Government of India, Represented by the Joint Secretary, Ministry of Agriculture (Cooperation & Farmers Welfare) New Delhi-110 001.

2.The Board of Directors, The Tamil Nadu Circle Postal Cooperative Bank Ltd., 18/19, Jahangir Street, 2nd Line Beach, Chennai-600 001.

3.The President, The Tamil Nadu Circle Postal Cooperative Bank Ltd., 18/19, Jahangir Street, 2nd Line Beach, Chennai-600 001.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 2 and 3 herein to consider the revision / appeal filed by the petitioner dated 27.02.2020 and 03.08.2020 and reinstate the petitioner as Peon in the 3rd respondent Bank with effect from 29.10.2005.

For Petitioner :

Mr.AL.Gandhimathi For Respondents :

Mr.P.Manoj Kumar for R2 & R3

O R D E R

The petitioner, challenging the order of removal from service dated 11.11.2005 with effect from 29.10.2005, has filed an appeal / revision before the third respondent on 18.06.2009 and requested to set aside the order of removal. However, on receipt of the appeal filed by the petitioner, the first respondent forwarded the same to the third respondent, vide communication dated 14.02.2021, directing to reconsider the application of the petitioner against the order of the Bank https://hcservices.ecourts.gov.in/hcservices/

dated 21.01.2020. The petitioner has filed the present writ petition praying for issuance of appropriate orders as against the third respondent to comply with the instructions issued by the first respondent.

2. The learned Standing Counsel for the respondents submits that the second respondent is the competent authority to pass orders on the communication forwarded by the first respondent to the third respondent.

3. Recording the aforesaid submission, the second respondent is directed to pass appropriate orders based on the instructions issued by the first respondent dated 14.02.2021 to the third respondent and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

4. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Deputy Registrar(CS) // True Copy // Sub Assistant Registrar Jvm To 1.The Joint Secretary, Government of India, Ministry of Agriculture (Cooperation & Farmers Welfare) New Delhi-110 001.

2.The Board of Directors, The Tamil Nadu Circle Postal Cooperative Bank Ltd., 18/19, Jahangir Street, 2nd Line Beach, Chennai-600 001. 3.The President, The Tamil Nadu Circle Postal Cooperative Bank Ltd., 18/19, Jahangir Street, 2nd Line Beach, Chennai-600 001.

+1cc to Mr.AL.Ganthimathi, Advocate, Sr.No.26670 +1cc to Mr.P.Rajendran, Advocate, Sr.No.26814 W.P.No.15724 of 2021 MT(CO) RVM(28/04/2022) https://hcservices.ecourts.gov.in/hcservices/