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Madras High CourtWP/17311/2017disposed of

M.Nirmala, v. The Government Of Tamil Nadu,

2017-07-07Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM WRIT PETITION.No.17311 of 2017 and W.M.P.Nos.18811 & 18812 of 2017 M.Nirmala ... Petitioner Vs 1.The Government of Tamilnadu, Rep by its Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

2.The Chairman and Appellate Authority Standing Committee, (Appointment Committee), Greater Chennai, Ripon Building, Chennai-600 003.

3.The Commissioner, Corporatrion of Chennai Corporation of Chennai, Ripon Building, Chennai-600 003.

4.The Deputy Commissioner (Health), Corporation of Chennai Corporation of Chennai, Ripon Building, Chennai-600 003.

... Respondents Prayer : Petition filed under Article 226 of The Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to pass final orders on the petitioner's Revision Petition dated 28.09.2016 and Reminder dated 16.12.2016 after giving an opportunity of personal hearing to the petitioner within a time stipulated.

For Petitioner : Mr.G.S.Vivekmani & Akshita For M/s.Giridhar and Sai For Respondents : Mr.K.Dhananjeyan (For R1) Special Government Pleader : Mr.G.Anantharangan ( For R2-R4) Standing Counsel

ORDER

The limited prayer sought for in this writ petition is for a direction to pass final orders on the Revision Petition filed by the writ petitioner on 28th September 2016.

2. The writ petitioner was placed under suspension for the alleged misappropriation of a sum of Rs.1,50,400/- and a Charge Memo was issued on 2nd November 2010. Though, the writ petitioner denied the charges, a domestic enquiry was conducted and on completion of enquiry, the writ petitioner was imposed with the punishment of recovery of the alleged misappropriated amount by the 3rd respondent on 13th April 2016.

3. Challenging the order of punishment the writ petitioner preferred an appeal before the 2nd respondent and the same was rejected. Challenging these orders, the writ petitioner filed a revision petition before the 1st respondent on 28th September 2016.

4. Since the relief sought for in this writ petition is restricted, this court is inclined to consider the prayer as such sought for in this writ petition. Accordingly the 1st respondent is directed to consider the revision petition submitted by the writ petitioner on 28th September 2016 and pass final 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. With the above observations, this Writ Petition is disposed of. However, there is no order as to costs. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To

1. The Secretary, The Government of Tamilnadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

2. The Chairman and Appellate Authority Standing Committee, (Appointment Committee), Greater Chennai, Ripon Building, Chennai-600 003.

3. The Commissioner, Corporatrion of Chennai Corporation of Chennai, Ripon Building, Chennai-600 003.

4. The Deputy Commissioner (Health), Corporation of Chennai Corporation of Chennai, Ripon Building, Chennai-600 003.

+1cc to M/s.Giridhar & Sai, Advocate SR.No.47816 +1cc to M/s.G.Anandharangan, Advocate SR.No.47518 +1cc to the Government Pleader SR.No.48098 W. P. No.17311 of 2017 MP(CO) GN(19/07/2017)