Madras High Court
Karambakkudi Co-Operative ... vs The Assistant Commissioner Of ... on 8 February, 2022
W.A.No.479 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.A.No.479 of 2010 and M.P. No.1 of 2010
Karambakkudi Co-operative Primary
Agricultural and Rural Development Bank Ltd.,
rep. by its Special Officer,
Karambakkudi – 622 302,
Pudukkottai District. ... Appellant
vs
1.The Assistant Commissioner of Labour,
Kajamalai Colony,
Mannarpuram,
Tiruchirappali-20.
2.R.Ramadass ... Respondents
Prayer: Writ Appeal filed under clause 15 of the Letters Patent Act
against the order dated 16.12.2009 made in W.P. No.38185 of 2003 on
the file of this Court.
For Appellant : Mr.R.Parthiban
For Respondents : Mr.R.Siddharth,
Government Advocate for R1
Mr.S.Vijayan for R2
JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
Karambakkudi Co-operative Primary Agricultural and Rural
Development Bank Ltd., rep. by its Special Officer, Pudukkottai District
has brought this appeal questioning the correctness of the impugned order
https://www.mhc.tn.gov.in/judis
W.A.No.479 of 2010
dated 16.12.2009 made in W.P. No.38185 of 2003, in which, the learned
Single Judge, while dismissing the petition, has observed that there was
no illegality or impropriety on the second respondent, claiming a sum of
Rs.1,35,528.25 as subsistence allowance from 31.10.2000 to 06.12.2001
and directed the appellant to make payment to the second respondent.
2.Learned counsel appearing for the appellant submitted that the
second respondent workman was placed under suspension, just one day
before reaching the age of superannuation and therefore, he filed a writ
petition in W.P. No.6367 of 2011 before the Madurai Bench of Madras High
Court and the same came to be disposed of. Learned counsel appearing for
the appellant further submitted that since he got no instruction from the
appellant, it is not known anything survive in this appeal.
3.It is a well settled legal position that suspension beyond
superannuation does not exist, however, the department can proceed
against the suspended employee by initiating the surcharge proceedings.
In this case, charge memo was issued and domestic enquiry was also
conducted and final order was also passed by the appellant on 30.11.2001
recovering a sum of Rs.5,05,042/- from the second respondent towards
the loss caused by him to the appellant Bank.
https://www.mhc.tn.gov.in/judis
W.A.No.479 of 2010
4.Recording the submission made by the learned counsel appearing
for the appellant, the appeal stands dismissed as the appellant is not
interested to prosecute the appeal. Consequently, M.P. No.1 of 2010
stands closed. No costs.
[T.R.,J.] [S.S.K.,J.]
08.02.2022
vga
Index: Yes/No
Speaking/Non Speaking order
To
The Assistant Commissioner of Labour,
Kajamalai Colony,
Mannarpuram,
Tiruchirappali-20.
https://www.mhc.tn.gov.in/judis
W.A.No.479 of 2010
T.RAJA,J.
and
SATHI KUMAR SUKUMARA KURUP,J.
vga
W.A.No.479 of 2010 and M.P. No.1 of 2010
08.02.2022
https://www.mhc.tn.gov.in/judis
