Madras High CourtWP/1747/2020disposed of

K.Ganesan v. The Agricultural Production Commissioner

2020-01-28Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1747 of 2020 K.Ganesan : Petitioner vs.

1. The Agricultural Production Commissioner and The Prinicipal Secretary to Government, Agricultural Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner of Agriculture, Chepauk, chennai - 600 005.

: Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to pass orders on the review petition dated 03.05.2019 filed by the petitioner against the order of punishment in GO (3D)No.172, Agriculture (AA7) dated 06.12.2018. For Petitioner : Mr.M.Sivavarthanan For Respondents : Mr.P.S.Sivashanmuga Sundaram Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the 1st respondent to pass orders on the review petition that has been filed by the petitioner on 03.05.2019 against the order of punishment imposed against him by the 1st respondent.

2.The case of the petitioner is that he attained superannuation in the year 2001 and he was permitted to retire from service subject to the disciplinary proceedings that was pending against him. The 1st respondent by an order dated 09.12.2016 imposed a punishment to recover a sum of Rs.8,88,268/- from DCRG and pension payable to the petitioner. Aggrieved by the same, the petitioner had submitted a review petition before the 1st respondent on 03.05.2019. Since, no orders have been passed, the present writ petition has been filed before this Court seeking for appropriate direction. https://hcservices.ecourts.gov.in/hcservices/

3.Heard Mr.M.Sivavarthanan, learned counsel appearing on behalf of the petitioner and Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader appearing on behalf of 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 consider the review petition filed by the petitioner on 03.05.2019, and pass appropriate orders on its own merits, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with a copy of the review petition dated 03.05.2019 and a copy of this order. 5.This writ petition is disposed of with the above directions. No Costs.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar ssr To

1. The Agricultural Production Commissioner and The Prinicipal Secretary to Government, Agricultural Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner of Agriculture, Chepauk, Chennai - 600 005.

3. The Public Prosecutor, High Court, Madras.

+1cc to Government Pleader, SR.No.7189.

W.P No.1747 of 2020 NRL(CO) CSR: 04.03.2020 https://hcservices.ecourts.gov.in/hcservices/