D.Indra Kumar v. Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE D.Indra Kumar ... Petitioner Vs.

1.Additional Chief Secretary to Government, Co-operation, Food and Consumer, Protection Department, Fort St.George, Chennai - 600 009.

2.The Additional Regional of Cooperative Societies, Chennai Regional, Chennai - 600 018.

3.The Deputy Registrar / Managing Director, Prasaivakkam Cooperative Bank Ltd., No.140/227, Purasaivakkam Highway, Purasaivakkam, Chennai - 600 007.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 25.07.2022 and furnish the copy of the Domestic enquiry report dated 23.11.2015. For Petitioner :

Mr.M.Aravind Subramaniam 1/5

For Respondents :

Mr.G.Ameedius Government Advocate for R1 and R2 Mr.C.Kathiravan for R3

ORDER

The limited relief that the petitioner is seeking in this Writ Petition is for a direction to the respondents to serve a copy of the Domestic Enquiry Report dated 23.11.2015 on him.

2. According to the petitioner, he has been dismissed from service, but the Domestic Enquiry Report, based on which the said order was passed was not furnished to him. He has given a representation on 25.07.2022 for the said purpose. Despite the said representation, the petitioner claims that the Domestic Enquiry Report was not furnished to him. In such circumstances, the petitioner has filed this Writ Petition.

3. However, learned Special Government Pleader appearing for the respondents would submit that the Domestic Enquiry Report was already furnished to the petitioner and the same is also acknowledged by the 2/5

petitioner. The said statement is recorded. However, this Court is of the considered view that no prejudice would be caused to the respondents if another copy of the Domestic Enquiry Report is furnished to the petitioner based on his representation dated 25.07.2022.

4. For the foregoing reasons, this Writ Petition is allowed by directing the third respondent to furnish one more copy of the Domestic Enquiry Report dated 23.11.2015 to the petitioner based on which the dismissal order was passed against him within a period of two weeks from the date of receipt of a copy of this order.

5. With the aforementioned directions, this Writ Petition is disposed of. No Costs.

16.11.2022 Index : Yes/No Speaking Order : Yes / No ab 3/5

To 1.Additional Chief Secretary to Government, Co-operation, Food and Consumer, Protection Department, Fort St.George, Chennai - 600 009.

2.The Additional Regional of Cooperative Societies, Chennai Regional, Chennai - 600 018.

3.The Deputy Registrar / Managing Director, Prasaivakkam Cooperative Bank Ltd., No.140/227, Purasaivakkam Highway, Purasaivakkam, Chennai - 600 007.

4/5

ABDUL QUDDHOSE. J., ab 16.11.2022 5/5