S.Duraivel, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and M.P.Nos. 2, 3 of 2014, 1 & 2 of 2015 S. Duraivel
...Petitioner
Versus
1.The Commissioner, Tribunal for Disciplinary Proceedings, No.5/1842-A, Trichy Road, Ramanathapuram, Coimbatore - 641 045.
2.The Principal Secretary & Transport Commissioner, Chepauk, Chennai - 600 005.
3.The Joint Transport Commissioner (Administrations), Transport Department, Chepauk, Chennai - 600 005.
...Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus, to call for the records relating to (1) Roc.No.637/2012/A1 (TDP Case No.24/2012) dated 26.10.2012 of the first respondent and (2) Memo No.69388/VB2/2010 dated 03.09.2014 of the second respondent, to quash the same insofar as it relates to the petitioner, and to issue consequential directions to the third 1/5
respondent to include the name of the petitioner in the appropriate place in the panel for the year 2013 for promotion as Superintendent, approved in Memo.R.No.4849/R3/2013 (E.O.No.298/2013) dated 28.06.2013 of the third respondent and to promote the petitioner as such with retrospective effect from the date of promotion of his immediate junior with consequential benefits.
For Petitioner :
No Appearance For Respondents :
Mr. M. Alagu Gowtham, Government Advocate
O R D E R
There is no representation on behalf of the petitioner.
2. In this writ petition, the petitioner has challenged the proceedings of the first respondent dated 26.10.2012 bearing Memo Roc. No.637/2012/A1 (TDP Case No.24/2012) and Memo No.69388/VB2/2010 dated 03.09.2014. The petitioner has also prayed for a consequential direction to direct the third respondent to include the name of the petitioner in the appropriate place in the panel for promotion for the year 2013 to the post of Superintendent approved in Memo.R.No.4849/R3/2013 (E.No.298/2013) dated 28.06.2013.
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3. This writ petition was listed for admission on 21.11.2014. Thereafter, it has been listed on few other occasions i.e., on 08.12.2014 and thereafter, admitted on 09.01.2015, all though no nobody appeared for the petitioner. Today also there is no appearance on behalf of the petitioner.
4. Learned counsel for the respondent would submit that, after the impugned charge memo dated 26.10.2012 was issued, order was passed by the Transport Commissioner in disciplinary proceedings bearing R.No.69388/VB2/2014 on 01.02.2017. It is further submitted that the petitioner had also further preferred an appeal before the Appellate Authority namely the Government on 06.03.2017, which was also rejected by the Additional Chief Secretary to Government on 08.11.2018 vide G.O.(2D) No. 391, after obtaining opinion from the Joint Secretary, Tamil Nadu Public Service Commission, Chennai, vide Letter No.5218/DCDD2/2017-1 dated 01.08.2018.
5. Thus, it is evident that the writ petition has become infructuous to the subsequent development.
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6. Therefore, this Writ Petition is dismissed as infructuous. Consequently connected miscellaneous petitions are closed. There shall be no order as to costs.
05.02.2025 Index : Yes/No AT To 1.The Commissioner, Tribunal for Disciplinary Proceedings, No.5/1842-A, Trichy Road, Ramanathapuram, Coimbatore - 641 045.
2.The Principal Secretary & Transport Commissioner, Chepauk, Chennai - 600 005.
3.The Joint Transport Commissioner (Administrations), Transport Department, Chepauk, Chennai - 600 005.
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C.SARAVANAN, J.
AT W.P. No. 30646 of 2014 and M.P.Nos. 2, 3 of 2014, 1 & 2 of 2015 05.02.2025 5/5