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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
The Management, The Lakshmi Vilas Bank Ltd. – Appellant
Versus
N.Vivekandan – Respondent
| Table of Content |
|---|
| 1. contextual background of dismissal due to misconduct. (Para 3) |
| 2. legal arguments regarding the appellate authority's jurisdiction. (Para 5 , 6) |
| 3. high court's limitations in judicial review of disciplinary proceedings. (Para 10 , 11 , 12 , 13) |
| 4. authority’s justification in addressing disproportionality of punishment. (Para 19 , 20) |
| 5. final rulings with modifications to the initial disciplinary action. (Para 28 , 29) |
COMMON ORDER
As the validity of an order passed under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947, in TNSE (A) No.1 of 90, is the subject matter of challenge in both these writ petitions, they were heard together and reserved for orders on 07.04.2025. Thereafter, in view of certain ambiguity, the matter was again taken up for consideration on 09.07.2025 and, after having further heard learned counsel on either side, the matter was again reserved for orders on 09.07.2025. Accordingly, these matters are being disposed of by this common order.
2. For the sake of convenience, the parties are referred to as they are arrayed in W.P (MD) No.5378 of 2012.
3. The brief facts that are relevant for disposal of these writ petitions are as unde
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