M.Syed Mohamed v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.Syed Mohamed ... Petitioner

Versus

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (XV) Department, Fort St.George, Chennai-9.

2.The Principal Secretary to Government, Social Welfare and Women Empowerment Department, Fort St.George, Chennai-9.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, or any other appropriate Writ or Order or Direction, in the nature of Writ, directing consideration of the appeal memorandum dated 18.05.2023 by either first or second respondent on merits and within a time to be stipulated by this Court. For Petitioner :

Mr.L.Chandrakumar For Respondents :

Mr.P.Baladhandayutham, Special Government Pleader

ORDER

This Writ Petition has been filed for consideration of the appeal memorandum, dated 18.05.2023 by either first or second respondent on merits and within a stipulated time.

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2.The grievance of the Writ Petitioner is that while he was working as Assistant Section Officer in Home Department, has been imposed with the punishment of withholding of increment for five years with cumulative effect consequent to the enquiry pursued under the Sexual Harassment of Women at Working Place (Prevention, Prohibition and Redressal) Act, 2013. Challenging the same, he preferred an appeal before the appellate authority at the relevant point of time. Thereafter, the petitioner has been transferred to the 2nd respondent Department. In view of such transfer, the appeal filed by the petitioner is kept pending and not disposed so far either by the first or second respondent. Hence, seeks direction of this Court. 3.

The learned Special Government Pleader appearing for the respondents on instructions submitted that the appellate authority to the Social Welfare and Women Empowerment Department is the 2nd respondent and hence, the appeal along with original G.O(Ms.)No.126, Home (OP-I) Department, dated 17.03.2023 has been transferred to the 2nd respondent for passing final orders on 19.05.2023.

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4.Since the appeal filed by the petitioner has been transferred to the 2nd respondent for passing final orders, let the 2nd respondent shall consider the same and pass orders on merits and in accordance with law, within a period of two months, from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs.

07.09.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (XV) Department, Fort St.George, Chennai-9.

2.The Principal Secretary to Government, Social Welfare and Women Empowerment Department, Fort St.George, Chennai-9.

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N.SATHISH KUMAR , J.

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