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Madras High CourtWP/12445/2014disposed of

K.Thangamani v. The Transport Commissioner

2019-02-22Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.12445 of 2014 and M.P.No.1 of 2014 K.Thangamani ....Petitioner Vs The Transport Commissioner, Chepauk, Chennai - 600 005.

...Respondent

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondent to consider the representation of the petitioner dated 18.02.2014 on merit and dispose of the same within a stipulated time fixed by this Court. For Petitioner : Mr.A.Saravanan For Respondent: Mr.B.Anand Government Advocate

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent.

2. The petitioner seeks for a mandamus, directing the respondent to consider his representation dated 18.02.2014, wherein and whereby, he requested the respondent to complete the enquiry, on the disciplinary proceedings initiated against him and pass final orders or allow him to retire from service with all service benefits.

3. The grievance of the petitioner before this Court is that the said representation has not been considered by the respondent so far.

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4. The learned Government Advocate appearing for the respondent fairly submitted that the representation of the petitioner will be considered by the respondent on merits and in accordance with law, if any orders has not been passed so far.

5. In the light of the limited scope of the matter and the submissions made by the learned counsel on either side, this Court, at this stage, without expressing any opinion on the merits of the claim made by the petitioner, as it is for the respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the respondent to consider the representation of the petitioner dated 18.02.2014 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to petitioner and other interested parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order. Needless to say that already if any final order has been passed by the respondent the same shall be furnished to the petitioner.

6. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ms To The Transport Commissioner, Chepauk, Chennai - 600 005.

+1cc to Mr.Saravanan, Advocate Sr.16927 +1cc to the Government Pleader Sr.17035 W.P.No.12445 of 2014 and M.P.No.1 of 2014 mg[co] srg 21/03/2019 https://hcservices.ecourts.gov.in/hcservices/