T.Balasubramanian v. The Principal Secretary/The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.7529 of 2022 T.Balasubramanian ... Petitioner vs.
The Principal Secretary/ The AdditionalChief Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent herein to consider the review application dated 30.04.2021 filed by the petitioner. For Petitioner : Mr.Adithya Reddy For Respondent : Mrs.S.Anitha Special Government Pleader
O R D E R
By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The case of the petitioner in brief:
The petitioner herein is working as Assistant Executive Engineer in the respondent department. Subsequently, disciplinary proceedings have been initiated against the petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeals) Rules on the allegation that the petitioner has failed to audit stock of construction materials and there is a deficiency in the stock and a punishment order was passed on 09.11.2019. Therefore, the petitioner filed a review petition on 30.04.2021, before the respondent beyond the time limit, due to the Covid-19 Pandemic situation. But the said review application has not been considered till date. Hence, the petitioner filed this instant writ petition before this Court.
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3. Mrs.S.Anitha, learned Special Government Pleader takes notice for the respondent and she would submit that the review application of the petitioner will be considered by the respondent on merits and in accordance with law.
4. Inview of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this Court is inclined to direct the respondent to consider the review application of the petitioner dated 30.04.2021, and pass orders on its own merits, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioner, if necessary.
5. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar uma To The Principal Secretary/Additional Chief Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600 009.
+1cc to Mr.Adithya Reddy, Advocate SR. No.21619 +1cc to Government Pleader SR. No. 22227 W.P.No.7529 of 2022 SVI (CO) PR (13/04/2022) https://hcservices.ecourts.gov.in/hcservices/