S.Sivaraman v. The Commissioner And Secretary To Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 07.06.2021
CORAM
THE HON'BLE MR. JUSTICE V.PARTHIBAN Writ Petition No.12179 of 2021 S.Sivaraman
...Petitioner
Vs.
1.The Commissioner & Secretary to Government of Tamil Nadu, Department of Agriculture, Secretariat Building, Chennai - 600 009.
2.The Director of Horticulture, Chepauk, Chennai - 600 005.
...Respondents
Writ Petition filed under Article 226 of Constitution of India, for issuance of writ of Mandamus directing the first respondent herein to dispose of the pending appeal dated 28.07.2020 challenging the order of dismissal vide proceedings No.S.Mu.No.ONa.P1/18526/1989 dated 11.06.2020, on merits, within the stipulated period prescribed by this Court. For Petitioner : Mr.G.Thangavel For R1 : Mr.K.V.Sajeev Kumar, Special Government Pleader
ORDER
The petitioner appears to be a State Government servant, was proceeded against by way of disciplinary proceedings for certain acts of misconduct on his part and on completion of the disciplinary proceedings against him, it appears that an order of dismissal dated 11.06.2020 was imposed on him. As against the same, an appeal is said to have been preferred on 28.07.2020 before the first respondent and the same has still not been disposed of and therefore, he is before this Court for issuance of writ of mandamus.
2.The affidavit contains a plethora of averments which appear to this Court as mostly irrelevant and disjointed and the same need not be dealt with for the purpose of disposing of this https://hcservices.ecourts.gov.in/hcservices/
matter. Ultimately, the petitioner wants to dispose of his statutory appeal pending before the first respondent. 3.When the matter is taken up for hearing, Mr.K.V.Sajeev kumar, learned Special Government Pleader who took notice would submit that since the statutory appeal is pending before the first respondent, the same may be directed to be disposed of. 4.In consideration of the limited prayer and the submission of the learned Special Government Pleader, the Writ Petition is disposed of at the admission stage itself as under; The first respondent, before whom the appeal dated 28.07.2020 is still pending, is directed to dispose of the same on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrm/vsi To 1.The Commissioner & Secretary to Government of Tamil Nadu, Department of Agriculture, Secretariat Building, Chennai - 600 009.
2.The Director of Horticulture, Chepauk, Chennai - 600 005.
+1cc to Mr.G.Thangavel, Advocate, S.R.No.27582 W.P.No.12179 of 2021 pl(CO) pan(13/07/2021) https://hcservices.ecourts.gov.in/hcservices/