K.Thiyagarajan S/O.Kuppu v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.05.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.No.12896 of 2017 and WMP.No.13762 of 2017 K.Thiyagarajan ... Petitioner Vs
1. The Secretary to Government, Home (Transport-II) Department Fort St.George, Chennai 9
2. The Commissioner, Tribunal for Disciplinary Proceedings, Coimbatore.
3. The Commissioner of Transport, 'Ezhilagam', Chepauk, Chennai 5. ... Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India pleased to issue a writ of mandamus or any other appropriate writ or direction in the nature of a writ directing the respondents to consider the claim of the petitioner for promotion as Motor Vehicle Inspector, Gr.I for the ensuing panel of the year 2017-18 without reference to the disciplinary proceedings initiated against the petitioner pending on the file of
Commissioner for Disciplinary Proceedings, Coimbatore in TDP case No.5/2014 in Roc.No.305/2014/A2 dated 02.09.2014 and promote him as Motor Vehicle Inspector, Gr.I and grant him all consequential service and monetary benefits within a reasonable time.
For Petitioner :
Mr.M.Muthappan For Respondents :
Mr.K.Thangapandi Government Advocate
O R D E R
The petitioner has filed the present writ petition seeking for a direction to the respondents to consider his claim for promotion as Motor Vehicle Inspector, Gr.I for the ensuing panel of the year 2017-18 without reference to the disciplinary proceedings initiated against him pending on the file of Commissioner for Disciplinary Proceedings, Coimbatore, in TDP case No.5/2014 in Roc.No.305/2014/A2, dated 02.09.2014 and to promote him as Motor Vehicle Inspector, Gr.I and to grant him all consequential service and monetary benefits.
2. The writ petitioner is working as a Superintendent under the third respondent. He is eligible to be promoted as Motor Vehicle Inspector.
Since disciplinary proceedings initiated against him in TDP case No.5/14 is pending, he was not promoted to the post of Motor Vehicle Inspector. In spite of several efforts, the petitioner was not acquitted from the disciplinary proceedings.
3. In a similar circumstances, a person who is also a part of the disciplinary proceedings, filed a writ petition in W.P.No.23870 of 2016 and this Court, after considering the various grounds of litigation, by its order dated 13.07.2016, directed the petitioner to submit a representation to the respondent concerned and in turn, the respondent was directed to consider the same for promotion, without reference to the pendency of TDP No.5/14, and to pass orders on merits, within a period of eight weeks from the date of receipt of a copy of the said order.
4. Accordingly, this writ petition is also disposed of with a direction to the respondents to consider the claim of the petitioner for promotion to the post of Motor Vehicle Inspector, Grade - I for the ensuing panel of the year 2017-2018, without reference to the disciplinary proceedings pending in TDP Case No.5/2014 in Roc.No.305/2014/A4, dated 02.09.2014, and in the light of the order dated 13.07.2016, passed by this Court in W.P.No.23870 of
M.GOVINDARAJ,J dpq 2016, and pass orders, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
18.05.2017 dpq To
1. The Secretary to Government, Home (Transport-II) Department Fort St.George, Chennai 9
2. The Commissioner, Tribunal for Disciplinary Proceedings, Coimbatore.
3. The Commissioner of Transport, 'Ezhilagam', Chepauk, Chennai 5.
W.P.No.12896 of 2017 and WMP.No.13762 of 2017 http://www.judis.nic.in