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Madras High CourtWP/27636/2013disposed of

P.Narayanan v. The Chief Secretary To

2020-10-07Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 07.10.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO.27636 OF 2013 AND M.P. NO. 1 OF 2013 P.Narayanan .. Petitioner - Vs -

1. The Chief Secretary to Government Government of Tamil Nadu Fort St. George, Secretariat Chennai 600 009.

2. The Secretary to Government Municipal Administration & Water (M.E.1) Supply Department Secretariat, Chennai 600 009.

3. The Secretary to Government Personnel & Administrative Reforms Department Fort St. George, Secretariat Chennai 600 009.

4. The Commissioner of Municipal Administration Ezhilagam Building, 6th Floor Chepauk, Chennai 600 005.

5. M.Senthil Murugan, Commissioner, Viruthachalam Municipality, Viruthachalam.

6.G.Ashok Kumar Commissioner, Kayalpattinam Municipality, Kayalpattinam.

7.B.V. Surendra Sha Commissioner Poonamallee Municipality Poonamallee.

8.N.Sankaran Commissioner, Kumarapalayam Municipality Kumarapalayam.

9.M.Sundararajan Under Secretary to Government, Municipal Administration and water supply department, fort st. George, Secretariat, Chennai-600 009.

10.R.Balaji Deputy Secretary to Government, Municipal Administration and water supply department, fort st. George, Secretariat, Chennai-600 009.

11.M.Gnanasekar Section Officer Municipal Administration and water supply department, fort st. George, Secretariat, Chennai-600 009.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the 1st respondent to initiate disciplinary action against respondents 9 to 11 on the basis of the petitioner's representation submitted on 12.5.2011 and cancel the appointments of respondents 5 to 8 to the post of Municipal Commissioner, Grade-II made in G.O. Ms. No.186 dated 8.10.2008 and G.O. Ms. No.222 dated 29.9.2010.

For Petitioner : Mr. M.Gnanasekar For Respondents: Mr. S.Thangavel, Spl. GP for RR-1 to 4 Mr. Muthukumaran T.K.S. for RR-5 to 8

ORDER

The present petition has been filed by the petitioner for a direction to the 1st respondent to initiate disciplinary action against respondents 9 to 11 on the basis of the petitioner's representation submitted on 12.5.2011 and cancel the appointments of respondents 5 to 8 to the post of Municipal Commissioner, Grade-II made in G.O. Ms. No.186 dated 8.10.2008 and G.O. Ms. No.222 dated 29.9.2010.

The facts of the case relates to grant of promotion to respondents 5 to 8 as they are not eligible for promotion and in that regard to initiate disciplinary action against respondents 9 to 11 on the basis of the representation filed by the petitioner. Though many grounds have been raised seeking larger relief, however, learned counsel for the petitioner restricted his prayer for a direction to the 1st respondent to consider his representation dated 12.5.2011 and pass orders thereon after giving opportunity to the petitioner as well as to the private respondents within a reasonable time frame. Learned Special Government Pleader appearing for respondents 1 to 4 has no serious objection for this Court to pass such a direction.

In view of the limited relief sought for, this Court, without going into the merits of the issue, directs the 1st respondent to consider and pass orders, on the representation of the petitioner, dated 12.5.2011, in accordance with law after giving opportunity to the petitioner as well as the private respondents within a period of three months from the date of receipt of a copy of this order.

This writ petition is disposed of with the aforesaid direction. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

GLN To

1. The Chief Secretary to Government Government of Tamil Nadu Fort St. George, Secretariat Chennai 600 009.

2. The Secretary to Government Municipal Administration & Water (M.E.1) Supply Department Secretariat, Chennai 600 009.

3. The Secretary to Government Personnel & Administrative Reforms Department Fort St. George, Secretariat Chennai 600 009.

4. The Commissioner of Municipal Administration Ezhilagam Building, 6th Floor Chepauk, Chennai 600 005.

+1 cc to M/s.M.Gnanasekar, Advocate Sr.No. 33093 +1 cc to The Government Pleader, Sr.No. 33287 W.P. NO. 27636 OF 2013 BR(CO) RMP(11/11/2020)