S.Madubalan v. The Disciplinary Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.33515 of 2018 S.Madubalan ....Petitioner Vs 1.The Disciplinary Authority/Deputy General Manager (B & O), State Bank of India, Administrative Office, Chinnaiyan Towers, No.120/2 & 120/3, Cherry Road, Salem-7 2.The Chief Manager, State Bank of India, Attur Branch Office, Attur,Salem District.

....Respondents For Petitioner : M/s.K.Gandhi Kumar Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the 1st respondent to consider my representation dated 14.05.2018 within the time framed by this Hon'ble court and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstance of this case and thus render justice.

O R D E R

The petitioner was suspended by an order dated 05.03.2018 as per Rule 68A(1)(b) and 68A(2) of the State Bank of India Officers' Service Rules 1992, on the ground that the petitioner was taken into custody by CBI on a criminal charge and the custody extended for a period exceeding forty eight hours. Pending conclusion of the disciplinary proceedings, the petitioner requested the authorities to revoke the order of suspension, by way of a representation dated 14.05.2018. As the said representation has not been considered, the petitioner has filed the present writ petition.

2. It is also stated that the petitioner has already been granted bail by this Court in Crl.O.P.No.11070 of 2018, by an order dated 16.04.2018.

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3. Having regard to the limited nature of the prayer, this Court is of the view that without dwelling into the merits of the case, it would be suffice if the respondents are directed to consider the representation of the petitioner.

4. Accordingly, this writ petition is disposed of, directing the respondents to consider the representation of the petitioner dated 14.05.2018, and pass orders thereon, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kst To 1.The Disciplinary Authority/Deputy General Manager (B & O), State Bank of India, Administrative Office, Chinnaiyan Towers, No.120/2 & 120/3, Cherry Road, Salem-7 2.The Chief Manager, State Bank of India, Attur Branch Office, Attur, Salem District.

+1cc to Mr.K.Gandhi Kumar, Advocate, S.R.No.87802 W.P.No.33515 of 2018 GP(CO) rrs 10/01/2018 https://hcservices.ecourts.gov.in/hcservices/