T.Jeyachandran v. The Deputy General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2016 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition (MD) No.9816 of 2016 T.Jeyachandran ... Petitioner Vs.
1.The Deputy General Manager (Personal), The Oriental Insurance Company Ltd., Head Office, A.25/27, Asaf Ali Road, New Delhi 110 002.
2.The Chief Regional Manager, The Oriental Insurance Co., Ltd., Regional Office, 3rd Floor, 6A, West Veli Street, Madurai 625 001.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 14.03.2016 and to give all the promotions as per seniority with monetary benefits in par with the panel of the year 2001. For Petitioner : Mr.C.Arul Vadivel @ Sekar For Respondents : Mr.K.Bhaskaran
ORDER
This writ petition has been filed by one Mr.T.Jeyachandran, who was appointed as Assistant in the Oriental Insurance Company Limited on 26.12.1983 and was given promotion as Senior Assistant on 01.06.1990. He was issued with a charge memo on 24.09.2004 and in addition thereto, he had to face a criminal case in C.C.No.6 of 2014 on the file of the Special Court for CBI cases, Madurai, pursuant to the registration of an FIR in Crime No.RC MA1 2002 A0035 on the file of the Inspector of Police, SPE: CBB: ACB, Chennai. Finally, he was acquitted by the Special Court for CBI cases, Madurai, by judgment, dated 29.03.2012. With regard to the departmental proceedings, it has been mentioned that the charges against him were dropped on 04.03.2016. Therefore, his grievance is that, due to pendency of criminal case and also departmental proceeding, he was not considered for promotion and now, after dropping of the charges on 04.03.2016 and also dismissal of the criminal case in his favour on 29.03.2012, the https://hcservices.ecourts.gov.in/hcservices/
respondents cannot refuse to consider him for further promotion. In this regard, he has given a representation, dated 14.03.2016, to the respondents, but, the same has not been considered so far. 2.Mr.K.Bhaskaran, learned counsel appearing for the respondents, would fairly submit that the representation of the petitioner would be duly considered by the first respondent within a period of five weeks.
3.In view of the above facts and circumstances, the first respondent is directed to consider the representation of the petitioner, dated 14.03.2016 and pass appropriate orders on merits and in accordance with law, within a period of five weeks from the date of receipt of a copy of this order.
4.With the above direction, the writ petition is disposed of. No costs.
Sd/ Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Deputy General Manager (Personal), The Oriental Insurance Company Ltd., Head Office, A.25/27, Asaf Ali Road, New Delhi 110 002.
2.The Chief Regional Manager, The Oriental Insurance Co., Ltd., Regional Office, 3rd Floor, 6A, West Veli Street, Madurai 625 001.
+1cc to M/s.C.Arul VAdivel@Sekar, Advocate in SR.No.27729 +1cc to M/s.K.Baskaran, Advocate in SR.No.27812 SDR/SK-SKN/SAR I/17.06.2016/2P/5C Writ Petition (MD) No.9816 of 2016 03.06.2016 https://hcservices.ecourts.gov.in/hcservices/