M.Malayappan v. Assistant General Manger(Hr)
W.P.[MD]No.15027 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.15027 of 2018 and W.M.P.(MD)Nos.13565 of 2018, 3503 of 2020 & 13718 of 2021 M.Malayappan
...Petitioner
/Vs./ 1.Assistant General Manger(HR), Disciplinary Authority, Manipal, Udupi District, Karnataka.
2.The General Manager(P), Syndicate Bank, Corporate Office, II Cross, Gandhi Nagar, Bangalore - 560 009.
3.Deputy General Manager, Syndicate Bank, Regional Office (Pco), 145, Claret Plaza, Adakkul Main Road, Kochadai, Madurai - 625016.
...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Certiorarified Mandamus calling for the records relating to the proceedings of the 1st respondent in Ref.No. 3188/0089/HRD:IRD/CS-351/2018 dated 29.06.2018 quash the same, also quash the Regulation 20(3)(iii) of the syndicate Bank (Officers') Service Regulation, 1979 and consequently cancelling the Charge Sheet in Ref.No.351/HRD-IRD/DA-3 dated 22.06.2018 issued by the 1st respondent, directing the respondents to release the petitioner's terminal benefits with interest forthwith.
(Prayer added vide Court order dated 14.10.2020 made in WMP(MD). 3503/2020 in WP(MD).15027/2018 by KRJ) For Petitioner : Mr.S.K.Mani For Respondents : Mr.N.Dilip Kumar Standing Counsel
ORDER
Learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition vide e-mail dated 31.01.2022. 2.Acceding to the petitioner's request, this writ petition is dismissed as withdrawn with the following directions: i) All documents relied upon by the authorities in the impugned charge sheet dated 22.06.2018 shall be supplied to the petitioner within two (2) weeks from the date of uploading of this order upon the official website of this Court;
https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.[MD]No.15027 of 2018 ii) Petitioner is permitted to file an explanation upon the charge sheet dated 22.06.2018 within two (2) thereafter; iii) Enquiry thereafter will be conducted at a location within Tamil Nadu to be completed within eight weeks from the date of receipt of explanation as in point (ii) above from the petitioner; iv) The petitioner is expected to cooperate and the authorities expected to conduct the enquiry in a fair and transparent manner, in line with the principles of natural justice;
v) The petitioner is stated to be under severe financial distress and seeks permission to make a request before the authorities for early release of gratuity. So permitted. Such request, if and when made may be considered by the authorities, bearing in mind the cooperation extended by the petitioner and in accordance with law.
No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 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 1.Assistant General Manger(HR), Disciplinary Authority, Manipal, Udupi District, Karnataka.
2.The General Manager(P), Syndicate Bank, Corporate Office, II Cross, Gandhi Nagar, Bangalore - 560 009.
3.Deputy General Manager, Syndicate Bank, Regional Office (Pco), 145, Claret Plaza, Adakkul Main Road, Kochadai, Madurai - 625016. +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-3521[F] dated 01/02/2022 ) W.P.(MD)No.15027 of 2018 31.01.2022 MGJ(14.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2