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Madras High CourtWP/19829/2017disposed of

R.Karthikeyan, v. The Principal Secretary To

2017-08-02Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2017

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.19829 of 2017 R.Karthikeyan ... Petitioner Vs.

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

...Respondent

Prayer : Petition filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus, directing the respondent to pass orders on the appeal preferred by the petitioner on 18.04.2017 to the respondent herein within a stipulated time limit. For Petitioner : Mr.N.Balamuralikrishnan For Respondents : Mr.K.Dhananjayan Special Government Pleader

ORDER

The relief sought for in this writ petition is for a direction to direct the respondents to consider the appeal preferred by the writ petitioner on

18.04.2017 and to pass orders.

2. The writ petitioner was appointed as Junior Assistant on 16.03.1979 and promoted to the post of Assistant in the year 1998. A Charge Memo was issued against him under TDP Case No.3/2008, on the allegation of possession of disproportionate assets. The charges are held proved in the enquiry conducted by the Tribunal for Disciplinary Proceedings. The Commissioner of Municipal Administration, based on the proved charges, imposed major penalty of removal from service. Challenging the order of removal, the writ petitioner preferred a Statutory Appeal to the respondent, who is the appellate authority. Since, the punishment of removal is imposed, the writ petitioner is finding it difficult to lead life with his family. Under these circumstances, it is just and necessary to consider the appeal.

3. In this view of the matter, the respondent is directed to consider the appeal submitted by the writ petitioner dated 18.04.2017 on merits and pass orders in accordance with law within a period of twelve(12) weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands disposed of. No costs. 02.08.2017 sk Index:

Yes/No Internet:

Yes/No To The Principal Secretary to Government of Tamilnadu Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

S.M.SUBRAMANIAM.,J sk WP.No.19829 of 2017 02.08.2017