S.Raja v. The General Manager,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. Monday, the Seventeenth day of February Two thousand twenty. The Hon`ble Mr.Justice M .DURAISWAMY and The Hon`ble Mr.Justice T.RAVINDRAN CMP(MD)No.1694 of 2020 IN W.A(MD) No.1268 of 2019 S.Raja Petitioner/Respondent/petitioner VS
1. The General Manager State Bank of India, Local Head Office, Circle Top House, No.16, College Lane, Chennai 600 006
2. The Regional Manager (Rbo-V) State Bank of India, Regional Business Office, No.24, Gkn Building, North Car Street, Nagercoil 629 001
3. The Branch Manager State Bank of India, Vivekanandapuram Branch, Nagercoil, Kanyakumari Distirct Respondents/Appellants/Respondents Prayer in CMP(MD)No.1694 of 2020:- Civil Miscellaneous petition filed to extend the time granted in the order dated 25/11/2019 passed in W.A(MD) No.1268/2019 for further period of four months directing the appellants to conclude the disciplinary proceedings.
Prayer in W.A(MD) No.1268 of 2019:
Writ Appeal filed under Clause 15 of the Letter Patent Act, to set aside the order dated 04/11/2019 made in W.P (MD) No.19413 of 2018 on the file of this court and thereby allow this appeal. Prayer in WP(MD) No.19413 of 2018:
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, after calling for the records of 2nd respondent pertaining to his proceedings in RM V-DIS.CON and QUASH the order dated 21.8.2018 and consequently direct the respondents to permit the petitioner to engage service of an Advocate of his choice to defend himself in pending disciplinary enquiry in pursuant to the charge memo dated 22.11.2017 .
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ORDER
This Writ Appeal coming on for hearing on this day, upon perusing the petition and the affidavit filed in support thereof and the order passed in the afore said Writ Appeal, and upon hearing the arguments of Mr.S.Suresh, Advocate for the Petitioner and of Mr.S.Sethuraman, Standing Counsel for the Respondents this Court made the following Order:- (Order of the Court was made by M.DURAISWAMY,J) The respondent in the writ appeal has filed the above petition seeking for extension of time granted in the judgment dated 25.11.2019, passed in W.A.(MD)No.1268 of 2019 for further period of four months to conclude the disciplinary proceedings.
2. By judgment dated 25.11.2019, the Division Bench of this Court directed the respondents/appellants to conclude the disciplinary proceedings within a period of three months from the date of receipt of a copy of the order. Further, it was made clear that the respondent/writ petitioner should co-operate for earlier conclusion of the disciplinary proceedings. Now the respondent in the writ appeal has come forward with the present application seeking for extension of time by four months for the reason that the first hearing was fixed only after 55 days from the date of passing of the judgment in W.A.(MD)No.1268 of 2019.
3. Mr.S.Sethuraman, learned Standing Counsel for the respondents submitted that the petitioner is receiving the salary more than 4 1⁄2 years, without doing any work.
4. In these circumstances, we are of the view that the period granted by this Court for the conclusion of disciplinary proceedings can be extended by another two months. Accordingly, we direct the respondents to conclude the disciplinary proceedings within a period of two months from the date of receipt of a copy of this order.
5. With these observation, the Civil Miscellaneous Petition is disposed of.
Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
To
1. The General Manager State Bank of India, Local Head Office, Circle Top House, No.16, College Lane, Chennai 600 006
2. The Regional Manager (Rbo-V) State Bank of India, Regional Business Office, No.24, Gkn Building, North Car Street, Nagercoil 629 001 3.The Branch Manager State Bank of India, Vivekanandapuram Branch, Nagercoil, Kanyakumari Distirct +1 cc to Mr.S.Sethuraman, Advocate SR3263 +1 cc to Mr.S.Suresh, advocate SR3253 CMP(MD)No.1694 of 2020 IN W.A(MD) No.1268 of 2019 grl(CO) TR(18.02.2020) 3P 6C 3/3