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Madras High CourtWP(MD)/17802/2021disposed of

Balaji Nagarajan. V v. The Chairman

2021-10-29Honourable Mr Justice D. Krishnakumar2 pages

WP(MD) No.17802 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P(MD) No.17802 of 2021 V.Balaji Nagarajan ... Petitioner Vs.

1.The Chairman, Pallava Grama Bank, No.6, Yearcaud Main Road, Hasthampatti, Salem.

2.The General Manager, Pallava Grama Bank, No.6, Yearcaud Main Road, Hasthampatti, Salem.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, to direct the 1st respondent to consider appeal preferred by the petitioner against the order passed by the second respondent on 21.08.2018, and dispose of the same after affording an opportunity of personal hearing to the petitioner.

For Petitioner :

Mr.K.P.S.Palanivel Rajan For Respondents :

Mr.N.Dilip Kumar, Standing Counsel.

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the 1st respondent to consider appeal preferred by the petitioner against the order passed by the second respondent on 21.08.2018, and dispose of the same after affording an opportunity of personal hearing to the petitioner.

2. Heard, Mr.K.P.S.Palanivel Rajan, learned counsel for the petitioner and Mr.N.Dilip Kumar, learned Standing counsel appearing for the respondents.

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

4. According to the petitioner, he was proceeded with disciplinary proceedings for certain alleged omissions and commissions said to have been committed by the petitioner while he was working as Assistant Manager, Aanaimalai Branch, Coimbatore. After completion of the enquiry proceedings, the petitioner was inflicted with the major punishment of removal from service. https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD) No.17802 of 2021 Aggrieved by the same, the petitioner preferred an appeal before the 1st respondent on 21.08.2018. However, since it has been kept pending without disposal despite reminders, the petitioner is before this Court.

5. The learned Standing Counsel appearing for the respondents, would submit that the appeal of the petitioner would be considered and disposed of if it is otherwise in order in accordance with law. 6.In view of the above submissions made by the learned Standing counsel for the respondents and also considering the limited prayer as sought by the petitioner, without expressing any opinion on its merits, this Court directs the 1st respondent to consider the petitioner's appeal dated 21.08.2018 in accordance with law and on merits and pass appropriate order as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) dn Note :In view of the present lock down owing to COVID-19 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.

To The Chairman, Pallava Grama Bank, No.6, Yearcaud Main Road, Hasthampatti,Salem.

+1 CC to M/s.N. DILIP KUMAR, Advocate ( SR-33446[F] dated 01/11/2021 +1 CC to M/s.KPS.PALANI VEL RAJAN, Advocate ( SR-33463[F] dated 01/11/2021 ) W.P(MD) No.17802 of 2021 29.10.2021 MMS(CO) KB(16.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2