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2024 Supreme(Online)(MAD) 42634

HIGH COURT OF MADRAS
Ms.JUSTICE R.N.MANJULA, J
The Management of Siddhaarth – Appellant
Versus
The Principal Secretary to – Respondent


Advocates:
Mrs.Nalini Chidambaram, Senior counsel for Mrs.C.Uma in WPs.26781 & 27063 of 2014 : Mr.V.Ajoylchose in WP.No.13181/2015 : Mrs.M.Jayanthi, AGP for RR1 to 3 in WP.26781/2014 R1 in Wp.no.27063/2014 : R2- Court in WPs.26781 & 27063/14 : R1- Court in WP.No.13181/2015 : Mr.V.Ajoykhose for R4 in WP.No.26781/14 : Mrs.Nalini Chidambaram, Senior counsel for Mrs.C.Uma for R2 in WP.No.13181/15

COMMON ORDER

For the sake of convenient discussion, the petitioner in W.P.No.13181 of 2015 is described as Workman and the 1st petitioner in the other two Writ Petitions in W.P.Nos. 26781 & 27063/2014 are described as Company/Management and the 1st respondent in WP.Nos. 26781 & 27063/2014 is referred to as the Government.

2 . This Court heard the submissions made by either side learned counsels and perused the materials available on records.

3 .The workman was employed in the Spinning department of the Company. He attempted to commit rape on a 40-year-old married woman staff on 03.10.1998 in a broad daylight at Achampalayam Village, which is located close to the factory premises. On 05.10.1998, a complaint was filed by the victim against the workman at Annur Police Station and an FIR also came to be registered in Crime No.439/1998 under Section 354 of IPC.

4. After investigation, a charge sheet has been filed before the Judicial Magistrate, Annur, in CC. No.87/99. Pending enquiry, the workman was suspended from service on 06.10.1998. Charges have been framed against him under Clause 15(b), 15(9) and 15(39) of the certified standing orders applicable to the 3rd respondent in W.P.Nos.267

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