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Madras High CourtWP/35974/2016disposed of

G.Sofia Jothibai v. The Commissioner Of Revenue

2016-10-17Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35974 of 2016 and W.M.P.No.30943 of 2016 G.Sofia Jothibai ... Petitioner vs.

1.The Commissioner of Revenue Administration, Additional Chief Secretary, Ezhilagam, Chepauk, Chennai-5.

2.The District Collector, Kancheepuram District, Kancheepuram-631 052.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the 1st respondent to consider the appeal of the petitioner herein dated 13.05.2015 filed against the order of punishment dated 20.04.2015 in Rc.A.3/27259/2014 imposing a punishment of withholding of increment for a period of one year without cumulative effect passed by the 2nd respondent and pass orders in accordance with law within a time frame fixed by this Court. For Petitioner :Mr.M.Ramamoorthy For Respondents 1 & 2 :Mr.N.Srinivasan, Additional Government Pleader

ORDER

By consent, the Writ Petition itself is taken up for final disposal.

2.

The Writ Petition has been filed to issue a Writ of Mandamus, directing the 1st respondent to consider the appeal of the petitioner herein dated 13.05.2015 filed against the order of punishment dated 20.04.2015 in Rc.A.3/27259/2014 imposing a punishment of withholding of increment for a period of one year without cumulative effect passed by the 2nd respondent and pass orders in accordance with law within a time frame fixed by this Court.

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3.

Though very many contentions have been raised in this affidavit filed in support of the Writ Petition, at the time of making submission, the learned Counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is issued to the 1st respondent to dispose of the appeal dated 13.05.2015 filed by the petitioner, within a specified time. 4.

In view of the submission now made by the learned Counsel for the petitioner, this Court, without going into the merits of the claim of the petitioner, directs the 1st respondent to dispose of the appeal dated 13.05.2015 of the petitioner on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this Order. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Revenue Administration, Additional Chief Secretary, Ezhilagam, Chepauk, Chennai-5.

2.The District Collector, Kancheepuram District, Kancheepuram-631 052.

+1cc to the Government Pleader Sr.58606 +1cc to M/S.M.Ramamoorthy, Advocate Sr.58406 W.P.No.35974 of 2016 srg 18/10/2016 https://hcservices.ecourts.gov.in/hcservices/