S.Gunasekaran v. The Registrar General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Gunasekaran ... Petitioner Vs.

1. The Registrar General, High Court of Judicature at Madras, Chennai - 600 104.

2. The Principal District and Sessions Judge, The Principal District Court, Thiruvallore & District.

3. The Enquiry Officer, Principal District Munsif (FAC), Thiruvallore & District.

4. The Judicial Magistrate, Thiruvottriyur, Chennai - 600 019.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the records of the 2nd Respondent herein bearing (A.No. 5-2 / 2022) D. No. 2279 / 2022 dated 25.04.2022 and quash the same and direct the Respondents herein to grant the petitioner all monetary and service benefits. For Petitioner : Mrs.A.L.Ganthimathi, Senior Counsel

for Mr.A.R.Karthik Lakshmanan For Respondents : Mr.S.Giridharan

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been filed for calling for the records relating to the records of the 2nd Respondent herein bearing (A.No.5-2/2022) D. No. 2279 / 2022 dated 25.04.2022 and quash the same and direct the Respondents herein to grant the petitioner all monetary and service benefits

2. The punishment of withholding promotion for a period of one year was awarded to the writ petitioner in the disciplinary proceedings. Charge Memorandum was issued, enquiry was conducted and by following the procedures, the penalty was imposed. That being so, the petitioner has to exhaust the appellate remedy, as contemplated under the Service Rules. Exhausting the appellate remedy is of paramount importance and the aggrieved person need not be denied of such remedy. The appellate authorities are empowered to call for the files and consider the grounds raised by the aggrieved persons in the appeal. Thus, the writ petitioner is at liberty to prefer an appeal, as contemplated under the Rules before the Registrar General, High Court of Madras. The time limit of three weeks is

granted to the petitioner for preferring an appeal.

3. With this liberty, the Writ Petition stands disposed of. No costs. (S.M.S.,J.) (K.R.S.,J.) 16.02.2024 1/3 skr Index : Yes Speaking order To

1. The Registrar General, High Court of Judicature at Madras, Chennai - 600 104.

2. The Principal District and Sessions Judge, The Principal District Court, Thiruvallore & District.

3. The Enquiry Officer, Principal District Munsif (FAC), Thiruvallore & District.

4. The Judicial Magistrate, Thiruvottriyur, Chennai - 600 019.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr 16.02.2024 1/3