Madras High CourtWP/21822/2017disposed of

B.Dhamodaran, v. The Secretary To The

2017-08-17Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM Writ Petition No.21822 of 2017 B.Dhamodaran ... Petitioner Vs.

1.The Secretary to the Government of Tamilnadu Public Works Department Fort St. George, Secretariat Chennai - 600 009.

2.The Principal Chief Engineer (WRO) Department and the Chief Engineer (General) Public Works Department Chepauk, Chennai - 600 005.

3.The Chief Engineer Public Works Department (Buildings) Trichy Zone Trichy - 1.

4.The Superintending Engineer Special Buildings Circle Public Works Department Erode.

5.The Executive Engineer Public Works Department Buildings(Construction and Maintenance) Division Erode - 638 011.

6.The Executive Engineer Public Works Department Buildings Division II Dindukul.

... Respondents Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 2nd respondent to consider the appeal of the petitioner dated 15.11.2016 seeking to set aside the punishment of removal from service imposed in proceedings no.SE.SBC.Erode.8221/89/A2 dated 17.05.1993 by the 6th respondent, Executive Engineer, Public

Works Department, Buildings Division II, Dindigul, with a request to pay him pensionary benefits.

For Petitioner : Mr.R.Ramachandran For Respondents : Mr.R.S.Selvam Government Advocate

O R D E R

The present writ petition is filed, challenging the order of punishment of removal from service, imposed against the petitioner, in proceedings no.SE.SBC.Erode.8221/89/A2 dated 17.05.1993 by the 6th respondent - Executive Engineer, Public Works Department, Buildings Division II, Dindigul. 2.

The writ petitioner was holding the post of Assistant in the office of the Executive Engineer, Public Works Department, Chennai. Due to mental illness, the writ petitioner was removed from service vide proceedings dated 17.05.1993. Against the order of removal, the writ petitioner preferred an appeal before the second respondent on 15.11.2016. 3.

Though the prayer in the writ petition is large in nature, the learned counsel for the writ petitioner restricted the prayer by stating that it is suffice, if a direction is issued to the second respondent, to dispose of the appeal filed by the writ petitioner on 15.11.2016. Without going into the merits and de-merits of the case the second respondent is directed to consider the appeal submitted by the writ petitioner and pass orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

Accordingly, writ petition stands disposed of. However, no order as to costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar jer

To 1.The Secretary to the Government of Tamilnadu Public Works Department Fort St. George, Secretariat Chennai - 600 009.