Madras High CourtWP/24753/2024disposed of

L.Dhanapal v. The Chairman

2024-08-28Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.24753 of 2024 L.Dhanapal ... Petitioner Vs.

1.The Chairman, Tamil Nadu Housing Board Complex, CMDA Building, E & C Market Road, Koyambedu, Chennai - 600 107 (Near Koyambedu Metro Railway Station). 2.The Managing Director, Tamil Nadu Housing Board, No.493, MTB Building, Anna Salai, Anna Colony, Nandanam, Chennai, Tamil Nadu 600 035.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider and dispose of the appeal preferred by the petitioner on 12.4.2024 within a time frame to be fixed by this Court.

For Petitioner : Mr.V.Vijayashankar For Respondent : Mr.D.Veerasekaran Standing Counsel

O R D E R

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This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to consider and dispose of the appeal preferred by the petitioner on 12.04.2024, within the time frame fixed by this Court. 2.Heard Mr.V.Vijayashankar, learned counsel appearing on behalf of the petitioner and Mr.D.Veerasekaran, learned Standing Counsel appearing on behalf of the respondents.

3.The case of the petitioner is that he was working as a Junior Assistant and was about to retire on reaching the age of superannuation in April 2016. A charge memo came to be issued by the 2nd respondent. An Enquiry Officer was appointed and a report was submitted and the petitioner also gave a detailed explanation. However, the 2nd respondent through proceedings dated 09.02.2024, imposed the penalty of dismissal from service. Aggrieved by the same, the petitioner filed an appeal before the 1st respondent on 12.04.2024. The grievance of the petitioner is that the appeal filed by the petitioner was not considered by the 1st respondent and therefore, the present writ petition has been filed before this Court seeking for appropriate directions.

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4.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider and dispose of the appeal preferred by the petitioner on 12.04.2024 on its own merits and in accordance with law and after affording opportunity to the petitioner, within a period of eight weeks from the date of receipt of copy of this order.

5.This writ petition is disposed of with the above directions. No Costs. 28.08.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 3/4

N. ANAND VENKATESH, J.

ssr To 1.The Chairman, Tamil Nadu Housing Board Complex, CMDA Building, E & C Market Road, Koyambedu, Chennai - 600 107 (Near Koyambedu Metro Railway Station). 2.The Managing Director, Tamil Nadu Housing Board, No.493, MTB Building, Anna Salai, Anna Colony, Nandanam, Chennai, Tamil Nadu 600 035.

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