V.Kumaresan v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.6082 of 2018 V.Kumaresan ... Petitioner Vs 1.The Principal Secretary/Commissioner of Revenue Administration, Chepauk, Chennai-5.

2. The District Collector, Erode, Erode District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the petitioner's Appeal dated 5.12.2017 preferred against the order of punishment issued by the 2nd respondent in Na.Ka.No.10917/2015/A3 dated 22.11.2017 within a time limit stipulated by this Court. For Petitioner :

Mr.P.Manoj Kumar Respondents :

Mr.V.Kadhirvel, Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the petitioner's Appeal dated 5.12.2017 preferred against the order of punishment issued by the 2nd respondent in Na.Ka.No.10917/2015/A3 dated 22.11.2017 within a time limit stipulated by this Court.

2.

The case of the petitioner is that while he was working as Deputy Tahsildar/Distillery Officer, TV Sakthi Sugars Limited, Aappakoodal, Bhavani Taluk, Erode District, he was issued with a Charge Memo dated 23.1.2016 by the 2nd respondent, namely, the District Collector, Erode, Erode District. In that matter, after giving his explanation, appointing Enquiry Officer and on completion of the enquiry, final order has been passed on 22.11.2017 in pursuant to the direction issued by this Court in https://hcservices.ecourts.gov.in/hcservices/

W.P.No.15849/2017 dated 23.6.2017, thereby imposing a punishment of stoppage of increment for two years without cumulative effect. Aggrieved over the same, the petitioner has preferred an appeal before the 1st respondent as he has been facing the loss of promotional avenues. Hence the present Writ Petition. 3.

Mr.V.Kadhirvelu, learned Special Government Pleader who takes notice for the respondents sought 3 months time to dispose of the appeal of the petitioner.

4.

Recording his submission, the Writ Petition is disposed of directing the 1st respondent to consider and dispose of the appeal of the petitioner dated 5.12.2017 on merits and in accordance with law, within a period of thee months from the date of receipt of a copy of this Order. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar tsi To 1.The Principal Secretary/Commissioner of Revenue Administration, Chepauk, Chennai-5.

2. The District Collector, Erode, Erode District.

+ 1 cc to the Government Pleader SR.21407 + 1 cc to Mr.P. Rajendran, Advocate SR.20409 W.P.No.6082 of 2018 SS(CO) EU(06/04/2018) https://hcservices.ecourts.gov.in/hcservices/