1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.A.(MD)No.655 of 2011 and M.P.(MD)No.1 of 2011 P.Pandian ... Appellant/Petitioner Vs. 1.G.Ranganathan, Inspector Executive / Enquiry Officer, CISF Unit, Tuticorin Port Trust, Tuticorin. 2.The Commandant, CISF Unit, Tuticorin Port Trust, Tuticorin. ... Respondents/Respondents Prayer: Appeal filed under Clause 15 of Letters Patent Act, against the order dated 21.06.2011 passed by this Court in W.P.(MD)No.8121 of 2010. Petition filed under Article 226 of the constitution of India praying for issuance of a writ of certiorari calling for the records relating to the charge memo issued by the second respondent in his memorandum No.V-15014/CISF/TPT/Disc/Maj-11/PP/2009-4040 dated 19.09.2009 and the enquiry report submitted by the first respondent and the 2nd show cause notice issued by the Second respondent in his notice No.V- 15014/CISF/TPT/Disc/Maj-11/PP/2010/2890 dated 22.06.2010 and quash the same. For Petitioner : Mr.A.S.Mujibur Rahman For Respondents : Mr.K.K.Senthilvelan for R2 JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) The Writ Appeal is filed against the order dated 21.06.2011 passed by learned Single Judge in W.P.(MD)No.8121 of 2010. 2.As submitted by Mr.K.K.Senthil Velan, learned Additional Solicitor General of India, in respect of the co-delinquent namely, N.Subramanian, who has involved in the similar charge, a fresh opportunity was given to him in the enquiry, permitting him to examine the defence witness by reopening the case. 3.In such view of the matter, we set aside the order of the learned Single Judge and remand the matter to the 2nd respondent, permitting him to reopen case and conduct re-enquiry by permitting the https://hcservices.ecourts.gov.in/hcservices/ 2 appellant to examine the defence witness and pass appropriate orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1.The Inspector Executive / Enquiry Officer, CISF Unit, Tuticorin Port Trust, Tuticorin. 2.The Commandant, CISF Unit, Tuticorin Port Trust, Tuticorin. +1CC TO M/S.A.S.MUJIBUR RAHMAN, ADVOCATE SR.30778 +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.30951 nbj SR : 26.09.2011 : 2p/5c W.A.(MD)No.655 of 2011 09.09.2011 https://hcservices.ecourts.gov.in/hcservices/