D.Senthilkumar v. The General Manager/Appellate Authority

W.P.(MD) No.4211 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.4211 of 2020 D.Senthilkumar ... Petitioner /vs./ 1.The General Manager / Appellate Authority, Canara Bank, I.R.Section, Head Office, J.C. Road, Bangalore.

2.The Assistant General Manager / Disciplinary Authority, Canara Bank, H.R. Section, Circle Office, St. Mary's Campus, East Velli Street, Madurai-625 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, directing the first respondent herein to dispose of the petitioner's review petition dated 23.12.2019 which is pending on the file of the first respondent within the time stipulated by this Court. For Petitioner : Mr.M.Bindran For Respondents : Mr.N.Dilip Kumar, Standing Counsel.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The limited prayer sought for the petitioner is that to dispose of the petitioner's review petition dated 07.10.2019 and pass appropriate order.

3. Whenever a representation/petition is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation/petition within the stipulated time.

4. In view of the above observations, there shall be a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.4211 of 2020 direction to the first respondent herein to dispose of the petitioner's review petition, dated 23.12.2019, on its own merits and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in his petition and it is for the first respondent to consider it in accordance with law.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) cp To:

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-9198[F] dated 28/02/2020 ) +1 CC to M/s.M.BINDRAN, Advocate ( SR-9327[F] dated 28/02/2020 ) Order made in W.P.(MD)No.4211 of 2020 Dated:

28.02.2020 KK/12.03.2020/ 2P- 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2