Kamal Basha v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24321 of 2015 Kamal Basha ... Petitioner Vs.

1 The General Manager (Administration) Tamilnadu Civil Supplies Corporation (H. Qrs.) Kilpauk Chennai-600 010.

2 The Regional Manager (South Region) Tamilnadu Civil Supplies Corporation No.9 Conran Smith Road Gopalapuram Chennai-600 086.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st Respondent to dispose off petitioner appeal dated 01-10-2012 at any early date within a time fixed by this Honourable Court.

For Petitioner : Mr.P.Rajamanickam For Respondents : Mr.L.P.Shanmuga Sundaram Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner while working as a Bill Clerk in the services of the Tamilnadu Civil Supplies Corporation was restricted with criminal prosecution as well as departmental proceedings and the prosecution has ended in acquittal. However, the departmental proceedings went on which ultimately culminated with an order of dismissal from service. The petitioner preferred an appeal to the Appellate Authority who has remanded the matter once again to the disciplinary authority for fresh enquiry. The disciplinary authority passed an order dated 13.08.2012 once dismissing the petitioner from service https://hcservices.ecourts.gov.in/hcservices/

and challenging the same, he filed departmental appeal before the first respondent on 01.10.2012 and since it has not been given expeditious disposal, came forward to file this writ petition. 3.Heard the submissions of Mr.P.Rajamanickam, learned counsel appearing for the petitioner and Mr.L.P.Shanmuga Sundaram, learned Special Government Pleader who accepts notice on behalf of the respondents.

4.This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioner's appeal petition/ memorandum dated 01.10.2012 on merits and in accordance with law and pass final orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. 5.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1 The General Manager (Administration) Tamilnadu Civil Supplies Corporation (H. Qrs.) Kilpauk Chennai-600 010.

2 The Regional Manager (South Region) Tamilnadu Civil Supplies Corporation No.9 Conran Smith Road Gopalapuram Chennai-600 086.

+1cc to M/s.C.P.Shanmugasundaram, Advocate sr.41098 +1cc to M/s.V.Manoharan, Advocate sr.41017 W.P.No.24321 of 2015 rsi[co] srg 21.08.2015 https://hcservices.ecourts.gov.in/hcservices/