P.Prabhakaran v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.4174 of 2020 P.Prabhakaran .. Petitioner - Vs -

1. The Government of Tamil Nadu, rep. by the Secretary to the Government, School Education Department, Fort St. George, Chennai-9.

2. The Director of Public Libraries, Chennai-600 002.

3. The District Library Officer Dharmapuri, Dharmapuri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the first respondent to consider and pass orders on the Review Petition filed by the petitioner on 29.05.2017 against the order passed by the Second Respondent in Na.Ka.No.1593/A3/2015 dated 20.05.2016 within a time limit stipulated by this Court. For Petitioner : Mr.P.Rajendran For Respondents : Mrs.V.Annalakshmi Government Advocate

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the first respondent to consider the Review Petition filed by the petitioner on 29.05.2017 and to pass orders within the time stipulated by this Court.

2. The case of the petitioner is that he was working as a Librarian Grade-3 in the Branch Library at Adhiyamankottai, Dharmapuri District. The petitioner was issued with the charge memo in the year 2008 and an Enquiry Officer was appointed and ultimately, the Enquiry Officer submitted a report holding that out of the six charges, only one charge stood proved. This report was submitted before the third respondent and the third respondent disagreed with the findings of the Enquiry Officer and by order dated 29.12.2014

imposed a punishment of stoppage of increment for three months without cumulative effect.

3. The petitioner, aggrieved by the same, filed an appeal before the second respondent and the second respondent, by order dated 20.05.2016, further modified the punishment to one of Censure. Aggrieved by the same, the petitioner filed Review Petition before the first respondent on 29.05.2017. Since no orders was passed, the petitioner also made representation to the first respondent on 25.10.2018. Aggrieved by the fact that there was no response from the first respondent, the present Writ Petition has been filed before this Court seeking appropriate direction.

4. Heard Mr.P.Rajendran, learned counsel appearing on behalf of the petitioner and Mrs.V.Annalakshmi, learned Government Advocate appearing on behalf of the respondents.

5. 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 first respondent to consider the Review Petition filed by the petitioner on 29.05.2017 and pass appropriate orders strictly in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the Review Petition dated 29.05.2017 and a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar KMI To

1. The Secretary to the Government of India, School Education Department, Fort St. George, Chennai-9.

2. The Director of Public Libraries, Chennai-600 002.

3. The District Library Officer Dharmapuri, Dharmapuri District.

+1cc to Mr.P.Rajendran, Advocate SR.No.15644 +1cc to Government Pleader SR.No.16238 WP.No.4174 of 2020 SVI(CO) GMY(23/03/2020)