P.Pandian v. G.Ranganathan,Inspector Executive / Enquiry Officer,CISF Unit,Tuticorin Port Trust,Tuticorin
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Judgment
1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 09.09.2011CORAM:THE HONOURABLE Mr.JUSTICE P.JYOTHIMANIandTHE HONOURABLE Mr.JUSTICE M.M.SUNDRESHW.A.(MD)No.655 of 2011andM.P.(MD)No.1 of 2011P.Pandian...Appellant/PetitionerVs.
G.Ranganathan, Inspector Executive / Enquiry Officer, CISF Unit, Tuticorin Port Trust, Tuticorin.
The Commandant, CISF Unit, Tuticorin Port Trust, Tuticorin. ...Respondents/RespondentsPrayer: Appeal filed under Clause 15 of Letters Patent Act, against theorder 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 Indiapraying for issuance of a writ of certiorari calling for the recordsrelating to the charge memo issued by the second respondent in hismemorandum No.V-15014/CISF/TPT/Disc/Maj-11/PP/2009-4040 dated 19.09.2009and the enquiry report submitted by the first respondent and the 2nd showcause 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 thesame. For Petitioner: Mr.A.S.Mujibur RahmanFor Respondents: Mr.K.K.Senthilvelan for R2JUDGMENT(Judgment of the Court was delivered by P.JYOTHIMANI,J.)The Writ Appeal is filed against the order dated 21.06.2011passed by learned Single Judge in W.P.(MD)No.8121 of 2010. 2. As submitted by Mr.K.K.Senthil Velan, learned AdditionalSolicitor General of India, in respect of the co-delinquent namely,N.Subramanian, who has involved in the similar charge, a freshopportunity was given to him in the enquiry, permitting him to examinethe defence witness by reopening the case.
In such view of the matter, we set aside the order of thelearned 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/ 2appellant to examine the defence witness and pass appropriate orders onmerits and in accordance with law, within a period of 12 weeks from thedate 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 To1.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.30951nbjSR : 26.09.2011 : 2p/5cW.A.(MD)No.655 of 201109.09.2011
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