K..Selvaraj v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.2896 OF 2020 K.Selvaraj ... Petitioner -Vs1. The Secretary to Government, State of Tamil nadu, Health and Family Welfare Department, St. George Fort, Chennai 600 005.

2. The Director, Public Health and Preventive Medicine, DMS Campus, No.359, Anna Salai, Teynampet, Chennai 600 006.

3. The Deputy Director, Health Service Department, Thiruvarur, Thiruvarur District -610 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to dispose of the petitioner appeal dated 03.08.2019.

For Petitioner : Mr.M.Senthil For Respondents : Mr.P.S.Siva Shanmuga Sundaram Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of writ of Mandamus, directing the 2nd respondent to dispose of the appeal filed by the petitioner on 03.08.2019. 2.

The case of the petitioner is that disciplinary proceedings were initiated against him and the 3rd respondent by

an order dated 19.07.2019, imposed a punishment of dismissal from service. Aggrieved by the same, the petitioner filed an Appeal before the 2nd respondent on 03.08.2019. The grievance of the petitioner is that the Appeal has been kept pending and therefore, he has approached this Court seeking for a direction 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 the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the Appeal filed by the petitioner on 03.08.2019 and deal with the same on its own merits and in accordance with law and pas orders, within a period of three months from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with copy of the Appeal filed on 03.08.2019 and also a copy of this order.

5.

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

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rka To

1. The Secretary to Government, State of Tamil nadu, Health and Family Welfare Department, St. George Fort, Chennai 600 005.

2. The Director, Public Health and Preventive Medicine, DMS Campus, No.359, Anna Salai, Teynampet, Chennai 600 006.

3. The Deputy Director, Health Service Department, Thiruvarur, Thiruvarur District -610 001.

+1cc to Mr.M.Senthil, Advocate, S.R.No.10788 +1cc to the Government Pleader, S.R.No.11395 W.P.No.2896 of 2020 PVS(CO) CS/28/05/2020