V.Kumaresan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2017
CORAM
THE HON'BLE Mr. JUSTICE M.SATHYANARAYANAN W.P.No.443 of 2017 and W.M.P.No.467 of 2017 V.Kumaresan
...Petitioner
-Vs1. The State of Tamil Nadu rep. by its Additional Chief Secretary to Government, Highways & Minor Ports Department, Fort st.George, Secretariat, Chennai - 600 009.
2. The Director General, Highways department HRS campus, No.76, Sardar Patel road, Guindy, Chennai - 600 025.
...Respondents
This petition is filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents to include the petitioner in the Panel of Assistant Engineers (Highways) fit for promotion to the post of Assistant Divisional Engineer (Highways) and promote the petitioner as Assistant Divisional Engineer (Highways) without reference to TDP Case No.5/2013 and in view of the dropping of charges against the petitioner vide G.O.(D).No.241 , Highways & Minor Ports (HL1) Department dated 01.12.2016 by considering the petitioner's representation dated 14.12.2016 within a time frame to be fixed by this Court.
For Petitioner : Mr.L.S.M.Hasan Fizal For Respondents: Mr.P.Sanjai Gandhi, Additional Government Pleader
O R D E R
By consent the writ petition is taken up for final disposal.
2. The petitioner would submit that while he was working as Assistant Engineer, he was visited with disciplinary proceedings vide charge memo dated 20.12.2013 issued by the 1st respondent under Rule 17(b) Tamil Nadu Civil Services (Disciplinary and Appeal) Rules and in respect of the same, further proceedings were dropped vide G.O.(D) No.241, Highways & Minor Ports (HL1) Department dated 01.12.2016. It is further submitted by the petitioner that almost on similar allegation, the petitioner is also facing proceedings before the Tribunal for Disciplinary Proceedings, Coimbatore in T.D.P.Case.No.05/2013 in Roc.No.220/2013/A2 dated 05.09.2013 and citing the pendency of the proceedings, his genuine claim for promotion to the post of Assistant Divisional Engineer, Highways, has been unjustly overlooked. In this regard, he has also submitted a representation dated 14.12.2016 to the 1st and 2nd respondents through proper channel. Since they have not been given disposal, he came forward to file this writ petition.
3. Per contra, Mr.P.Sanjai Gandhi, learned Additional Government Pleader, on instructions, would submit that admittedly the disciplinary proceedings are pending before Coimbatore T.P.D.Case.No.5/2013 and in the light of the pendency of the same, the claim/request made by the petitioner for inclusion of his name in the panel for promotion to the post of Assistant Divisional Engineer, Highways, cannot be considered.
4. This Court has considered the rival submissions and also perused the materials available on record.
5. A perusal of the proceedings of the Tribunal for Disciplinary Proceedings, Coimbatore, T.D.P.Case No.05/2013, prima facie indicate that the petitioner is facing charges with regard to the imposition of major penalty and it is settled position of law that if major penalty proceedings are pending, the claim of the petitioner can be passed over till the culmination of the proceedings. However, this court is not expressing any opinion as to the merits/ demerits of the charges framed against the petitioner which is pending in T.P.D.Case. No.5/2013.
6. Though the petitioner prays for the relief of inclusion of his name in the panel for promotion to the post of Assistant Divisional Engineer (Highways) and to promote him to the said post, this Court, in the light of the above facts and circumstances, directs the Tribunal for Disciplinary Proceedings, Coimbatore to accord priority and dispose of T.P.D.Case No.05/2013 as expeditiously as possible within a
period of three months from the date of receipt of a copy of this order. The petitioner is directed to extend his utmost cooperation to the said Tribunal for expeditious disposal of the said proceedings. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Presiding Officer, Tribunal for Disciplinary Proceedings, Coimbatore.
2. The Additional Chief Secretary to Government, Highways & Minor Ports Department, Fort St.George, Secretariat, Chennai - 600 009.
3. The Director General, Highways Department HRS Campus, No.76, Sardar Patel Road, Guindy, Chennai - 600 025.
+1 cc to M/s.L.S.M.Hasan Fizal, Advocate,sr.2578 +1 cc to Govt.Pleader,sr.2633 ala(cO) krd 13/2 W.P.No.443 of 2017