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Madras High CourtWP/20914/2016disposed of

B.Suresh Raj, v. The Assistant General Manager,

2016-08-23Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.20914 of 2016 B.Suresh Raj ... Petitioner Vs 1.The Assistant General Manager, Canara Bank Chennai-16 2.Keerthivarman, AGM, Canara Bank, Chennai-18 3.Murali, Manager, Canara Bank, Chennai-18 4.Govardhan, Manager, Canara Bank, 5.Chennai-18 ... Respondents Prayer:- This Writ Petition is filed to issue a Writ of Mandamus to direct the 1st Respondent to consider and pass favourable orders in the application of the Petitioner dated 16.8.2015 seeking voluntary retirement from the services of the Respondent with a time frame to be fixed by this court.

For Petitioner :

Mr.M.T.Arunan For Respondents :

Mr.P.Amirtharaj

ORDER

This Writ Petition is filed to issue a Writ of Mandamus to direct the 1st Respondent to consider and pass orders in the application of the Petitioner dated 16.8.2015 seeking voluntary retirement from the services of the Respondent with a time frame to be fixed by this court.

2. According to the Petitioner, he filed an application dated 16.8.2015 seeking for voluntary retirement, but it was not considered on the ground that disciplinary proceedings were initiated for certain irregularity that he has sanctioned a loan to his wife and his sister, without disclosing that she is his spouse and without any intimation to the higher authorities. According to the Petitioner, in January 2016, the entire loan has been repaid by him and thereafter, he has also made a https://hcservices.ecourts.gov.in/hcservices/

representation, which has not been considered till date. In the mean while, he has also been transferred, which according to him is not correct.

3. On the other hand, the learned counsel for the Respondents would contend that the Petitioner has not only issued the loan to his sister, but also to his wife and others, without intimation to the higher authorities and therefore, investigation was initiated. Pending the investigation and also to get a no objection certificate from all the places where he has been working, the application is under the process of consideration and they are also taking steps to initiate disciplinary proceedings and therefore, so far no order has been passed.

4. This court heard the learned counsel on either side and considered their submissions and also perused the materials placed on record.

5. Considering the facts and circumstances of the case, it is suffice to direct the 1st Respondent to dispose of the application of the Petitioner. Whether it has to be rejected or approved it is for the Department to decide the same on merits. Accordingly, there will be direction to the 1st Respondent to consider the application of the Petitioner dated 16.8.2015 and pass orders, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To:

The Assistant General Manager, Canara Bank, HRM Section,Circle Office, 524, Anna Salai, Teynampet, Chennai-600 016.

+1cc to Mr.M.T.Arunan, Advocate Sr.48189 +1cc to M/S.Sree and Associates, Advocate Sr.48031 WP.No.20914 of 2016 gj[co] srg 15/09/2016 https://hcservices.ecourts.gov.in/hcservices/