Bank Of Baroda v. The Chairman, Tamil Nadu State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.8573 of 2016 Bank of Baroda Regional Office (Madurai Regioin) 2nd Floor, Aparna Towers 2,3, Bypass Road Madurai 625 016 represented by its Deputy General Manager Petitioner Vs.

The Chairman Tamil Nadu State Level Scrutiny Committee & Secretary to Government Adi Dravidar & Tribal Welfare Department Namakkal Kavingar Maligai Secretariat Fort St. George Chennai 600 009 The District Collector & Chairman, District Level Vigilance Committee Salem 636 001 V. Perumal Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 and 2 to consider the various representations the latest of which being dated 03.08.2015 proceedings No.MADU:HRM:01:1223 of the petitioner and determine the community status of the third respondent in a time bound manner.

For petitioner Mr. V. Karthic for M/s. T.S. Gopalan & Co.

For RR 1 & 2 Mrs. T.T. Girija, Government Advocate

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mrs. T.T. Girija, learned Government Advocate, accepts notice for respondents 1 and 2. Notice to the third respondent is dispensed with at this stage, inasmuch as no order prejudicial to his interest is passed in this writ petition. Thus, with the consent of the learned counsel for the petitioner and the learned Government Advocate appearing for respondents 1 and 2, this writ petition is taken up for final disposal, at the admission stage itself.

The petitioner bank, doubting the community status of some of its employees, referred their community certificates to the State Level Scrutiny Committee for verification of their community status.

According to the learned counsel for the petitioner bank, despite the specific time schedule given by the Supreme Court in Kumari Madhuri Patil and another and Additional Commissioner, Tribal Development and Others1 and also a Division Bench of this Court in G.Venkitasamy and V. Balasubramaniam vs. The Chairman, State Level Scrutiny Committee and Secretary to Government, Adi Dravidar and Tribal Welfare Department, Namakkal Kavingar Maaligai, Fort St. George, Chennai - 92, no action has been taken by the official respondents, till date. Thus, a direction be issued to the official respondents to pass orders on the petitioner's latest representation dated 03 August 2015 on its own merits and in accordance with law, as expeditiously as possible.

The learned Government Advocate appearing for the official respondents fairly submits that after affording an opportunity of hearing to the third respondent-employee, necessary orders will be passed on the petitioner's representation, on its own merits and in accordance with law, in accordance with the guidelines laid down by the Supreme Court as well as this Court, as aforestated, within a period of six weeks.

In view of the above submission of the learned Government Advocate, it is ordered accordingly. (1994) 6 SCC 241 2016-1-L.W. 289 : (2016) 1 MLJ 606

The writ petition stands disposed of with the above observation. Costs made easy.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cad To The Chairman Tamil Nadu State Level Scrutiny Committee & Secretary to Government Adi Dravidar & Tribal Welfare Department Namakkal Kavingar Maligai Secretariat Fort St. George Chennai 600 009 The District Collector & Chairman, District Level Vigilance Committee Salem 636 001 + 1 cc to Mr.T.S. Gopalan & Co., Advocate Sr.14924 W.P. No.8573 of 2016 CRK(CO) Eu 21.3.16