← Library
Madras High CourtWP/131/2020disposed of

S.Jaishankar v. The Principal Commissioner And

2020-01-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.131 of 2020 S.Jaishankar

...Petitioner

Vs.

1. The Principal Commissioner & Commissioner of Revenue Administration, 'Ezhilagam', Chennai 5

2. The District Collector, Kancheepuram District, Kancheepuram.

..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pass orders on the statutory appeal preferred by the petitioner dated 27.07.2017 against the punishment imposed by the District Collector, Kancheepuram in his Na.Ka.No.26453/2011/A3 dated 29.05.2017 within a reasonable time.

For Petitioner : Mr.Muthappan For Respondents : Mr.P.S.Sivashanmuga Sundaram Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to pass orders on the statutory Appeal preferred by the petitioner on 27.07.2017.

2.

The petitioner was serving as a Special Revenue Inspector, District supply office at Sriperumpudur. A charge memo came to be issued against the petitioner in the year 2014 and the petitioner gave his explanation. The Disciplinary Authority after going through the explanation given by the petitioner and the Enquiry report given by the Enquiry Officer, held that the charges have been proved and imposed a punishment of stoppage of increment for six months without cumulative effect.

3.

The petitioner aggrieved by the said order of punishment, filed an Appeal before the 1st respondent on https://hcservices.ecourts.gov.in/hcservices/

27.07.2017. The grievance of the petitioner is that the appeal is not taken up for hearing and as a result of the same, the petitioner is not being considered for promotion. Therefore, the present writ petition has been filed seeking for a direction to the 1st respondent to dispose of the Appeal. 3.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to dispose of the appeal filed by the petitioner on 27.07.2017, on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with the copy of the Appeal filed on 27.07.2017 and also a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar rka TO

1. The Principal Commissioner & Commissioner of Revenue Administration, 'Ezhilagam', Chennai 5

2. The District Collector, Kancheepuram District, Kancheepuram.

+1cc to Mr.M.Muthappan, Advocate, S.R.No. 1576 +1cc to the Government Pleader, S.R.No. 1943 W.P.No.131 of 2020 RSV(CO) GN(04/03/2020) https://hcservices.ecourts.gov.in/hcservices/