← Library
Madras High CourtWP/11705/2019disposed of

Prof.Dr.A.Somasundaram v. The Principal Secretary

2019-04-16Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.Nos.11705 of 2019 Prof.Dr.A.Somasundaram ..Petitioner Vs 1.The Principal Secretary, Department of Higher Education(F2), Sr.George Fort, Secretariat, Chennai(TN) - 600 009.

2. The Director of Collegiate Education, Office of Directorate of Collegiate Education, DPI, College Road, Nungambakkam, Chennai(TN)-600 006.

3. The Principal, Government Arts College (Autonomous) Kumbakonam(TN) - 612 002.

4. The Principal, Government Arts College for Men, Krishnagiri(TN)-635 001.

5. The Secretary, Department of Science & Technology, Technology Bhavan, New Mehrauli Road, New Delhi - 110 016.

6. The Surveyor General of India, Survey of India, Hathibarkala Estate, Post Box No.37, Dehradun(Uttarakhand State) - 248001

7. The Addl. Surveyor General, Southern Zone, Survey of India, Koramanagala II Block, Sarjapur Road, Bengaluru (Karnataka state)- 560034

8. The Director, Kerala&Lakshadweep, Geo-Spatial Date Centre, CGO Complex, Poonkulam, Vellayani Post Trivandrum(Kerala State) - 695522 ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent to dispose the Appeal dated 31.07.2018 filed by the petitioner aggrieved by the Order of the 2nd respondent bearing M.M.No.67883/C1/2018 dated 31.05.2018, withholding the increment of pay without cumulative effect for a period of one year.

For Petitioner : Mr.A.V.Bharathi For Respondents : Mr.A.N.Thambidurai Special Government Pleader for R1 to R4.

O R D E R

The relief sought for in the present writ petition is for a direction to direct the 1st respondent to dispose of the Appeal dated 31.07.2018 filed by the petitioner aggrieved by the Order of the 2nd respondent bearing M.M.No.67883/C1/2018 dated 31.05.2018.

2. The writ petitioner is working as Assistant Professor in Mathematics Department in the 4th respondent Government Arts College for Men, Krishnagiri(TN). On account of certain allegations, an enquiry was conducted and the final order in the disciplinary proceedings was issued by the 2nd respondent in proceedings dated 31.05.2018, imposing the punishment, withholding the increment of pay without cumulative effect for a period of one year.

3.Challenging the said order of punishment, the writ petitioner preferred an appeal to the first respondent on 31.07.2018, and the said appeal is yet to be considered by the 1st respondent.

4.Thus, without going in to the merits of the matter, the 1st respondent is directed to consider the appeal filed by the writ petitioner on 31.07.2018, 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.

5.The writ petitioner is directed to enclose the copy of the appeal and all other relevant documents along with the order passed in the present writ petition.

6. Accordingly, the present writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar kmm/pns To 1.The Principal Secretary, Department of Higher Education(F2), Sr.George Fort, Secretariat, Chennai(TN) - 600 009.

2.The Director of Collegiate Education, Office of Directorate of Collegiate Education, DPI, College Road, Nungambakkam, Chennai(TN)-600 006.

3.The Principal, Government Arts College (Autonomous) Kumbakonam(TN) - 612 002.

4.The Principal, Government Arts College for Men, Krishnagiri(TN)-635 001.

5.The Secretary, Department of Science & Technology, Technology Bhavan, New Mehrauli Road, New Delhi - 110 016.

6.The Surveyor General of India, Survey of India, Hathibarkala Estate, Post Box No.37, Dehradun(Uttarakhand State) - 248001 7.The Addl. Surveyor General, Southern Zone, Survey of India, Koramanagala II Block, Sarjapur Road, Bengaluru (Karnataka state)- 560034

8. The Director, Kerala&Lakshadweep, Geo-Spatial Date Centre, CGO Complex, Poonkulam, Vellayani Post Trivandrum(Kerala State) - 695522.

+1cc to Mr.A.V.Bharathi, Advocate, S.R.No.37547 W.P.No. 11705 of 2019 RGN(CO) RRS(22/07/2019)