The Management Of Simpson & v. J.Loganathan,

W.M.P.No.34778 of 2016 in W.P.No.23427 of 2016 M.M.SUNDRESH, J.

This petition has been filed to modify the order dated 05.07.2016 in W.M.P.No.20103 of 2016 in W.P.No.23427 of 2016 and permit the petitioner/first respondent Management to proceed with domestic enquiry proposed against the petitioner.

2.The grievance of the first respondent/petitioner in the writ petition is that enquiry is being conducted in a language which is alien to him as he could understand only his mother tongue "Tamil".

3.In the counter affidavit filed by the petitioner/first respondent Management, in paragraph No.6, it has been stated as follows: "6.I state that the petitioner has now filed this writ petition seeking a direction that the domestic enquiry against him should be conducted in Tamil. I state that the domestic enquiry against the petitioner had already commenced only in Tamil and the proceedings were also recorded in Tamil. The findings will also be given in Tamil. The copy of the enquiry proceedings dated 06.07.2016 which is also filed in the Court will show that the proceedings are being conducted only in Tamil."

M.M.SUNDRESH, J.

cse 4.In view of the aforesaid stand, this petition in W.M.P.No.34778 of 2016 is allowed by modifying the order dated 05.07.2016 in W.M.P.No.20103 of 2016 in W.P.No.23427 of 2016 and the petitioner/first respondent Management is permitted to proceed with the domestic enquiry proposed against the petitioner. It is made clear that the petitioner/first respondent Management will have to comply with the statement in paragraph No.6 of the counter affidavit in letter and spirit. The documents, if any, relied upon by the petitioner/first respondent Management will also have to be translated in Tamil and given to the first respondent/petitioner in the writ petition. 5.Post the main writ petition after four weeks. 22.06.2017 cse W.M.P.No.34778 of 2016 in W.P.No.23427 of 2016 http://www.judis.nic.in