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Madras High CourtWP(MD)/20310/2017withdrawn dismissed

M.Manokaran, S/O.Marimuthu v. The Deputy General Manager,

2017-11-23Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.20310 of 2017 and W.M.P.(MD)No.16590 of 2017 M.Manokaran ... Petitioner Vs.

1.The Deputy General Manager, Disciplinary Authority, Indian Overseas Bank, Central Office, P.B.No.3765, 763, Anna Salai, Chennai - 600 002.

2.The Deputy General Manager, Disciplinary Authority, Indian Overseas Bank, C&DAC Department, Central Office, 763, Anna Salai, Chennai - 600 002.

...Respondents

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 1st respondent in his proceedings DO:DA:DGM (SKM):VIG:File9231:2121:2017-18 dated 29.06.2017 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the respondents to reinstate the petitioner in the Post of Manager (II-Line) in Indian Overseas Bank.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.N.Dilip Kumar

O R D E R

Mr.N.Dilip Kumar, learned counsel appearing for the respondents submits that before filing the Writ Petition, the petitioner had submitted an appeal, dated 18.09.2017, against the impugned order of dismissal under Regulation 17 of Indian Overseas Bank Officer Employees' (Discipline and Appeal) Regulations, 1976, which is under consideration by the competent authority. Hence, https://hcservices.ecourts.gov.in/hcservices/

the learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition with the liberty to proceed with the said appeal, dated 18.09.2017, filed against the impugned order of dismissal in this case and he has also made endorsement to that effect.

2.Recording the said submissions, this Writ Petition is dismissed as withdrawn and the first respondent is directed to dispassionately consider the appeal of the petitioner, dated 18.09.2017 and pass reasoned orders on merits and in accordance with law following the prescribed procedure and communicate such decision to the petitioner on or before 30.04.2018. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Deputy General Manager, Disciplinary Authority, Indian Overseas Bank, Central Office, P.B.No.3765, 763, Anna Salai, Chennai - 600 002.

2.The Deputy General Manager, Disciplinary Authority, Indian Overseas Bank, C&DAC Department, Central Office, 763, Anna Salai, Chennai - 600 002.

+1cc to M/S.N.Dilip Kumar, Advocate SR.No. 88897 +1cc to M/S.S.Sivakumar, Advocate SR.No. 88945 W.P.(MD)No.20310 of 2017 23.11.2017 ia JM/SV MMS/SAR 2/08.12.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/