Sivakumar.V v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.21476 of 2022 & 3885 of 2023 V.Sivakumar ... Petitioner Vs 1.The Managing Director, Kumbakonam.

2.The General Manager, Karur - 639 003.

3.The Branch Manager, Karur II Branch, Karur.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the entire records in connection with the impugned order passed by the second respondent in Tha.Aa.Po.Ka/Kumba/Karur/TS/T1/3750/2016 dated 23.02.2018, quash the same as illegal.

For Petitioner : Mr.A.Anbarasu For Respondents : Mr.K.Jagadees balan Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The petitioner has been visited with the punishment of reduction of his basic pay by three stages. Contending that such punishment is not contemplated in the standing orders, the present writ petition has been filed.

3. I called upon the learned Standing Counsel to produce a copy of the standing orders. Clause 25 deals with punishments for misconduct. The reduction of the basic pay is not one of the punishments envisaged in the standing orders.

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4. In this view of the matter, the order impugned in this writ petition is set aside. The matter is remitted to the file of the second respondent. It is open to the second respondent to pass an order afresh after putting the petitioner on notice. If the order to be passed is adverse to the petitioner, it is open to the petitioner to question the same on all the grounds that are open to him. I am granting this liberty to the petitioner only for the reason that the merits of the matter have not been gone into the present round.

5. This writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 11.04.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA To 1.The Managing Director, Kumbakonam.

2.The General Manager, Karur - 639 003.

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G.R.SWAMINATHAN, J.

MGA 3.The Branch Manager, Karur II Branch, Karur.

and W.M.P(MD)Nos.21476 of 2022 & 3885 of 2023 11.04.2023 4/4