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Madras High CourtWP/24828/2016disposed of

B.M.Devaraj, v. The Director Of Public Health

2016-07-19Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2016

CORAM:

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P. No. 24828 of 2016 B.M.Devaraj ... Petitioner

Versus

1. The Director of Public Health & Preventive Medicine, DMS Compound, Teynampet, Chennai - 600 018.

2. The Deputy Director of Health Services, Udhagamandalam, The Nilgiris District.

... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, to direct the first respondent to take up the statutory appeal preferred by the petitioner on 19.04.2012 as against the order of punishment dated 16.04.2012 passed by the second respondent and to dispose of it on merits and in accordance with law, within a specified period as may be stipulated by this Court. For Petitioner :

Mr.P.Ganesan For Respondents :

Mr.A.kumar, Special Government Pleader

ORDER

By consent, the writ petition is taken up and disposed of at the admission stage itself.

2. The prayer in this writ petition is to issue a Writ of Mandamus directing the first respondent to take up the statutory appeal preferred by the petitioner on 19.04.2012 as against the order of punishment dated 16.04.2012 passed by the second respondent and to expeditiously dispose of the same. 3.

The petitioner joined as Office Assistant through Employment Exchange on 14.09.1990 and he was posted in the Office of the District Health Office, Udhagamandalam. During the course of such service, the first respondent, by an order dated 08.06.2011, transferred the petitioner to the Office of

the deputy Director of Health Services, Coimbatore. Challenging the same, the petitioner filed a Writ Petition in W.P.No.14323 of 2011 on the ground that the transfer of an Office Assistant from one District to another District is not permissible. This Court, on 28.07.2011, passed an order of interim stay. Thereafter, the second respondent, on 29.08.2011, issued a charge memo to the petitioner under Rule 17(a) of the Tamil Nadu Government Servant Conduct (Discipline and Appeal) Rules. The petitioner also submitted a detailed explanation on 12.09.2011, denying the charges. Inspite of such explanation, a final order dated 16.04.2012 was passed by the second respondent imposing the punishment of stoppage of increment for three years without cumulative effect.

Such punishment was imposed mainly on the ground that the petitioner did not give any explanation to the charge memo dated 29.08.2011. Aggrieved against the same, the petitioner filed an appeal before the first respondent on 19.04.2012, stating that he submitted the explanation on 12.09.2011 but without taking note of the same, the order of punishment was passed by the second respondent. In support of such defence, the petitioner has produced a copy of the explanation given by him which was duly received by the second respondent.

According to the petitioner, such appeal preferred by him has not been taken up for consideration by the first respondent and therefore, the present writ petition has been filed by him seeking for appropriate direction to the first respondent to take up the file pending on his file and to dispose it of within a time limit.

4. Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents.

5.

Having regard to the nature of relief sought for in this writ petition, without expressing any opinion on merits, the first respondent is directed to take up the appeal preferred by the petitioner dated 19.04.2012 and to pass orders thereon, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar

To

1. The Director of Public Health & Preventive Medicine, DMS Compound, Teynampet, Chennai - 600 018.

2. The Deputy Director of Health Services, Udhagamandalam, The Nilgiris District.

+ 1 cc to Mr.P.Ganesan, Advocate SR 40276 + 1 cc to Govt.Pleader SR 40857 gj(co) prk4/8 W.P.No.24828 of 2016