Ranjith Kumar.V v. The Regional Manager/Dsiciplinary Authority

W.P.(MD) No.6066 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.6066 of 2021 and W.M.P(MD) No.4728 of 2021 V.Ranjith Kumar

...Petitioner

Vs.

1.The Regional Manager/Disciplinary Authority, The Central Bank of India, No.54, First Floor, West Bouleward Road, Opp to Thevar Hall, Trichy-620 008.

2.The Senior Manager/Inquiring Authority, The Central Bank of India, No.99-100, South Car Street, Chidambaram, Cuddalore District-608 001.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the impugned order passed by the first respondent in his proceedings RO/TRIC/HRD/DAD/2020-21/117 dated 01.03.2021 and quash the same as illegal, arbitrary.

For Petitioner : Mr.G.Thalaimutharasu for M/s.Jayaprakash For Respondents : Mr.N.Dilipkumar Standing Counsel

O R D E R

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

2. The order under challenge is the second show cause notice pursuant to the Enquiry Officer's report. It is seen that the petitioner was made ex parte in the enquiry and the charges are alleged to have been proved. The scope of interference to the show cause notice under Article 226 of the Constitution of India is very limited and the ground raised by the petitioner herein touches upon the facts of the enquiry, wherein the petitioner had attempted to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.6066 of 2021 suggest that he was not involved in the delinquency. Such a ground may not be sufficient for the purpose of interference by this Court and the petitioner was required to give further explanation to the second show cause notice within a period of three days, which he has failed. However, this Court is of the view that if he is given an opportunity to submit his further explanation to the second show cause notice within a stipulated time, the ends of justice could be secured.

3.In the light of the above observations, this Writ Petition stands dismissed with liberty to the petitioner to submit his explanation pursuant to the show cause notice dated 01.03.2021 within a period of one week from the date of receipt of a copy of this order.

4.At this juncture, the learned Standing Counsel for the respondents submitted that pursuant to the impugned show cause notice, they had issued another show cause notice dated 16.03.2021 calling upon the petitioner to submit his objections on or before 22.03.2021. In view of the present order being passed extending the time to file his objections, the opportunity extended in the second show cause notice dated 01.03.2021 is also taken care through this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) cp NOTE: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-12086[F] dated 18/03/2021 ) +1 CC to M/s.R.JAYAPRAKASH, Advocate ( SR-12295[F] dated 18/03/2021 ) W.P.(MD) No.6066 of 2021 18.03.2021 PT(CO) KK(23.03.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2