Madras High Court
R.Krishnamoorthy vs The President on 2 February, 2021
W.P.No.33718 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.33718 of 2014
R.Krishnamoorthy ... Petitioner
Vs
The President, Board of Directors,
Represented by the Managing Director,
Tamil Nadu Co-operative Milk Producers Union Ltd.,
Vellore 632 009. ... Respondent
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus directing the respondent to consider the
Appeal dated 22.07.2014 of the petitioner, regarding his reinstatement in
service, on merits and in accordance with law and pass orders within a time
frame to be fixed by this Hon'ble Court.
For Petitioner : Mr.M.Ravi
For Respondent : Mr.S.Sathish Rajan
ORDER
This writ petition has been filed for a direction to the respondent to
consider the petitioner's appeal dated 22.07.2014 regarding his
reinstatement in service, on merits and in accordance with law and pass
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W.P.No.33718 of 2014
orders within a time frame to be fixed by this Court.
2.According to the petitioner, he was appointed as Mazdoor in the
erstwhile Tamil Nadu Dairy Development Corporation Limited, Vellore
Unit with effect from 12.01.1974. Thereafter, he was working as Senior
Factory Assistant in the Chilling Centre of the Union at Ambur. While so,
he was served with a charge memo dated 16.05.2000, calling upon him to
show cause as to why disciplinary action should not be initiated against him
for the alleged theft of 63 half litre packets each on 17.04.2000 night from
the Chilling centre, Ambur. Denying the charges, he submitted his
explanation. Being dissatisfied with the same, enquiry was ordered against
the petitioner, pursuant to which, enquiry was conducted and a report was
filed holding that the charges were proved. Based on the same, he was
imposed with the punishment of dismissal from service, by order dated
21.08.2001. Challenging the same, the petitioner preferred an appeal on
25.01.2002 to the Board of Directors, which was rejected on 06.08.2003.
Feeling aggrieved, he filed WP.No.5190 of 2002 to quash the said orders.
3.It is the further case of the petitioner that the respondent also
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W.P.No.33718 of 2014
initiated criminal proceedings against him on the same charges, which
ended in conviction for the offence under Section 381 IPC and sentence of
imprisonment till rising of court and pay a fine of Rs.1000/-, in default to
undergo rigorous imprisonment for one month. Aggrieved over the same,
the petitioner filed CA.No.27 of 2005 before the Principal Sessions Judge,
Vellore, who, by judgment dated 08.08.2005, allowed the said appeal and
set aside the judgment of conviction and sentence passed by the trial Court.
Pursuant to the same, the petitioner approached the respondent with a
request to reinstate him in service and also produced the criminal court
judgment rendered in his favour, but the said request was not considered.
Thereafter, upon disposal of the case in WP.No.5190 of 2002 on
04.01.2012, the petitioner preferred an appeal dated 22.07.2014 to the
respondent, which was kept pending, till date, without any consideration.
Hence, this writ petition.
4.Heard both sides and perused the documents enclosed in the typed
set of papers.
5.Considering the limited relief sought in this writ petition, this
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W.P.No.33718 of 2014
Court, without going into the merits of the case, directs the respondent to
consider the appeal dated 22.07.2014 filed by the petitioner, if not already
considered, and pass appropriate orders, on merits and in accordance with
law and also on the basis of the decision rendered in the criminal
proceedings initiated against him (cited supra), within a period of eight
weeks from the date of receipt of a copy of this order.
6.This writ petition is ordered accordingly. No costs.
02.02.2021
Index : Yes/No
Internet : Yes/No
av
To
The President, Board of Directors,
Represented by the Managing Director,
Tamil Nadu Co-operative Milk Producers Union Ltd.,
Vellore 632 009.
R.MAHADEVAN, J.
https://www.mhc.tn.gov.in/judis/
W.P.No.33718 of 2014
av
W.P.No.33718 of 2014
02.02.2021
https://www.mhc.tn.gov.in/judis/
