IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 22.03.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.3374 of 2008 R. Ravanan ... Petitioner vs. 1 THE EXECUTIVE DIRECTOR PERSONEL WING CANARA BANK HEAD OFFICE, 112 J.C. ROAD BANGALORE. 2 THE GENERAL MANAGER CANARA BANK . HEAD OFFICE (APPELLATE AUTHORITY) NO.112 J.C. ROAD BANGALORE. 3 THE DEPUTY GENERAL MANAGER CIRCLE OFFICE,CANARA BANK ST. MARY COMPLEX EAST VELI ST MADURAI. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent made in proceedings in reference No. IRS DP 2712 AB dated 1.8.2007 confirming the orders passed by the 2nd respondent made in letter dt 29.7.98 and the order of the 3rd respondent made in DGM letter No.MDUC DAC 1955F 93 dt 12.12.1996 and quash the same in so far it imposes any punishment to the petitioner and consequently direct the respondents to fix the scale of the petitioner in original scale from the date he was reverted to lower scale and pay all consequential monetary benefits all other attendant benefits within a stipulated time. For petitioner : Mr.M.Babu Barveez for M/s. Silambanan Associates For respondents : Mr. P.R.Raman https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition is filed to call for the records of the 1st respondent made in proceedings in reference No. IRS DP 2712 AB dated 1.8.2007 confirming the orders passed by the 2nd respondent made in letter dt 29.7.98 and the order of the 3rd respondent made in DGM letter No.MDUC DAC 1955F 93 dt 12.12.1996 and quash the same in so far it imposes any punishment to the petitioner and consequently direct the respondents to fix the scale of the petitioner in original scale from the date he was reverted to lower scale and pay all consequential monetary benefits all other attendant benefits within a stipulated time. 2. The petitioner was departmentally proceeded and imposed with the punishment of dismissal from service and as per order dated 29.7.1998, it was modified as reduction to lower stage in time scale of pay. Thereafter, the petitioner filed a review petition on 30.3.2007 i.e. after a period of almost nine years before the first respondent/Executive Director. However, the General Manager/ second respondent passed the order impugned rejecting the review petition stating that no new material and evidence was produced or available at the time of passing the order in the review petition. Challenging the same, the present writ petition has been filed. 3. Power of the second respondent to pass the impugned order dated 30.3.2007 is concerned, the learned counsel for the respondents fairly states that the review petition was filed before the Executive Director/ first respondent and the second respondent, considering the long period of delay and also due to the fact that there is no material to support the review, has taken a decision to reject the said review petition. 4. Having considered the scope of the relief sought for in the writ petition, this Court is of the view that since the first respondent is the authority before whom, the review petition was filed, should be disposed of by the said authority on its own merits, the General Manager/ second respondent ought not to have interceded into the proceedings of the first respondent. 5. In such view of the matter, the impugned order is set aside and the matter is remanded to the first respondent to pass appropriate orders on its own merits including the plea of delay and laches. The writ petition is allowed by way of remand. Appropriate https://hcservices.ecourts.gov.in/hcservices/ order shall be passed within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Deputy Registrar /True copy/ Sub. Asst. Registrar ra To 1 THE EXECUTIVE DIRECTOR PERSONEL WING CANARA BANK HEAD OFFICE, 112 J.C. ROAD BANGALORE. 2 THE GENERAL MANAGER CANARA BANK . HEAD OFFICE (APPELLATE AUTHORITY) NO.112 J.C. ROAD BANGALORE. 3 THE DEPUTY GENERAL MANAGER CIRCLE OFFICE,CANARA BANK ST. MARY COMPLEX EAST VELI ST MADURAI. 1 cc To M/s.S.Silambanan Associates, Advocate Sr 20863 1 cc To Mr.P.R.Raman, Advocate Sr 20407 WP No. 3374 of 2008 PA(CO) CS (7.4.11) https://hcservices.ecourts.gov.in/hcservices/