C.Kuppusamy, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.11.2017

CORAM

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.No.31200 of 2017 and W.M.P.Nos.34249 & 34250 of 2017 C.Kuppusamy ... Petitioner Vs 1.The Principal Secretary to Government, Public Works Department, Secretariat, Chennai-9.

2.The Engineer-in-Chief, PWD [Buildings], CE [Buildings], Chennai Region [Buildings] & CE [General], PWD, Chepauk, Chennai-5.

... Respondents Writ Petition filed under Article 226 of The Constitution of India seeking for issuance of Writ of Certiorarified Mandamus to call for the records relevant to the deferred order passed by the 1st respondent in his proceedings vide Letter No.8532/A1/2017-4 dated 07.11.2017 and quash the same as illegal, improper, unreasonable, arbitrary and against the natural justice and thereby direct the respondents to keep the petitioner name in promotion and panel list 2016-17 to the post of Assistant Executive Engineer.

For Petitioner : Mr.S.Rajan Babu For Respondents : Mr.V.Jayaprakash Narayanan, Spl. Govt. Pleader

O R D E R

This Writ Petition has been directed against the impugned order dated 07.11.2017 rejecting the petitioner's request for promotion on the ground that a criminal case in S.C.No.20 of 2015 is pending against the petitioner on the file of the learned Sessions Judge, Mahila Court, Cuddalore. https://hcservices.ecourts.gov.in/hcservices/

2.Heard the learned counsel appearing for both sides and perused the materials available on record. 3.Since a criminal case in S.C.No.20 of 2015 is pending against the petitioner on the file of the learned Sessions Judge, Mahila Court, Cuddalore, his request for inclusion of his name in the panel for promotion, has been deferred till the proceedings are concluded.

4.This Court is not able to find any infirmity in the impugned proceedings. When the petitioner is facing a criminal case on the file of the learned Sessions Judge, Mahila Court, Cuddalore, it is absolutely unjustified on the part of the petitioner seeking inclusion of his name in the promotion panel and therefore, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar gya To 1.The Principal Secretary to Government, Public Works Department, Secretariat, Chennai-9.

2.The Engineer-in-Chief, PWD [Buildings], CE [Buildings], Chennai Region [Buildings] & CE [General], PWD, Chepauk, Chennai-5.

+1cc to Government Pleader SR.No.86287 W.P.No.31200 of 2017 and W.M.P.Nos.34249 & 34250 of 2017 SS(CO) GN(02/01/2018) https://hcservices.ecourts.gov.in/hcservices/