B.Pichiammal v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR and W.M.P.No.18879 of 2023 B.Pichiammal .. Petitioner

Versus

1.The Government of Tamil Nadu Represented by Principal Secretary to Government Rural Development & Panchayat Raj Department Secretariat, Chennai - 9 2.The Commissioner Rural Development & Panchayat Raj Department 4th Floor, Panagal Building Saidapet, Chennai 3.The District Collector Thiruvannamalai .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records on the file of the Second Respondent herein in proceedings in C.No.69618/2016/DPC12 dated 28.09.2022, quash the same and to grant all consequent benefits to the petitioner.

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For Petitioner : Mr.M.Ravi For Respondents : Mr.E.Veda Bhagath Singh Special Government Pleader

ORDER

This writ petition has been filed mainly challenging the punishment imposed in a disciplinary proceedings against the petitioner stopping the increment for a period of six months without cumulative effect.

2. The learned counsel for the petitioner's contention is that without proper enquiry, the impugned order has been passed as against the petitioner.

3. It is now brought to the notice of this Court by the learned Special Government Pleader that as against the punishment imposed in departmental proceedings, an appeal is also filed before the first respondent.

4. As the appeal is already filed, the petitioner without exhausting such remedy has filed the present petition. The very filing of the writ petition is to quash the punishment imposed in a departmental proceedings is not maintainable. At the most, the petitioner has to pursue the appeal and he has to canvass all the grievances in the said appeal. Such view of the matter, this writ petition is dismissed with a direction to the appellate authority/first respondent 2/4

to dispose of the appeal on its own merits and in accordance with law within a period of three months from the date of receipt of a copy of this Order. No costs. Consequently, connected miscellaneous petition is closed. 04.07.2023 dhk Index:Yes/No Internet: Yes/No To 1.The Principal Secretary to Government The Government of Tamil Nadu Rural Development & Panchayat Raj Department Secretariat, Chennai - 9 2.The Commissioner Rural Development & Panchayat Raj Department 4th Floor, Panagal Building Saidapet, Chennai 3.The District Collector Thiruvannamalai 3/4

N.SATHISH KUMAR, J.

dhk W.P.No.19624 of 2023 04.07.2023 4/4