Madras High Court
Kumar Jayasingh vs The Deputy Registrar Cum Managing ... on 9 November, 2021
W.A(MD)No.1739 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)No.1739 of 2021
and
C.M.P(MD)No.7379 of 2021
Kumar Jayasingh ... Appellant/Petitioner
Vs.
1.The Deputy Registrar Cum Managing Director,
Kanyakumari District Co-operative Credit Bank,
Nagercoil, Agasteeswaram Taluk,
Kanyakumari District.
2.Kanyakumari District Co-operative Credit Bank,
Nagercoil, Agasteeswaram Taluk,
Represented through its President,
Mr.Sampath Chandra ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set
aside the order dated 02.03.2021 in W.P(MD)No.21468 of 2016 and
allow the writ petition.
For Appellant : Mr.S.Balamurugan
For R-1 : Mr.D.Shanmugaraja Sethupathi
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W.A(MD)No.1739 of 2021
JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
The writ appeal has been filed by the appellant/writ petitioner
challenging order of the learned Single Judge made in W.P(MD)No.21468
of 2016, dated 02.03.2021.
2. The appellant/writ petitioner has sought for a Mandamus
directing the first respondent bank to consider his representation dated
18.07.2016 for promotion.
3. Admittedly, the appellant had committed misdeeds causing loss
to the second respondent bank and there were criminal proceedings and
Departmental proceedings against him. Surcharge proceedings were also
initiated and it is under Challenge in W.P(MD)No.18799 of 2013 and still,
it is pending. Earlier also, the appellant had made a request for his
promotion and that was rejected by the first respondent on 30.06.2014.
The appellant is now seeking direction on the strength of the information
obtained by him under the Right to Information Act, dated 31.10.2014
wherein it is stated that when there is a surcharge proceedings or
criminal cases pending against any employee, there is nothing stated in
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W.A(MD)No.1739 of 2021
the Act or the Rules about their promotion. Merely because, the Act or
the Rules is silent about promotion for those suffering from criminal or
surcharge proceedings, it will not automatically entitle them for
promotion. When the surcharge proceedings are pending against the
appellant for his misdeeds for having caused loss to the bank, it would
not be appropriate even to consider the promotion of the appellant by
the first respondent. The Writ Court had rightly rejected the request of
the appellant/writ petitioner as there is no obligation to issue a direction
to the authorities to consider his promotion.
4. We also see no merits in the case in the light of the above facts.
Therefore, the Writ Appeal is dismissed. No Costs. Consequently,
connected Miscellaneous Petition is closed.
[P.S.N.,J] [P.V.,J.]
09.11.2021
Index :Yes/No
Internet :Yes/No
pm
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.
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W.A(MD)No.1739 of 2021
To:
1.The District Collector,
Trichy District,
Trichy.
2.The Revenue Divisional Officer/Sub-Collector,
Trichy,
Trichy District.
3.The Tahsildar,
Thiruverumbur Taluk,
Trichy District.
4.The District Collector,
Karur,
Karur District.
5.The Revenue Divisional Officer/Sub Collector,
Kulithalai,
Karur District.
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W.A(MD)No.1739 of 2021
PUSHPA SATHYANARAYANA,J.
and
P.VELMURUGAN,J.
pm
W.A(MD)No.1739 of 2021
09.11.2021
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