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Madras High CourtWP/34687/2022disposed of

M.Saravanan v. The Secretary To Government

2023-09-21Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR M.Saravanan ... Petitioner Vs.

1.The Secretary to Government, Higher Education Department, Fort St. George, Chennai - 600 009.

2.The Vice-Chancellor, Annamalai University, Annamalai Nagar, Chidambaram - 608 002.

3.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram - 608 002.

... Respondents [R1 deleted from the array of party respondents vide order dated 02.01.2023 in W.P.No.34687 of 2022] Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 2nd respondent to dispose of the appeal of the petitioner, dated 30.04.2022, against the order in Proceedings No.R.C/C2-4/97305/2022, dated 04.03.2022, passed by the 3rd respondent, within a stipulated period.

For Petitioner : Mr.T.Saravanan R1 : Deleted vide order dated 02.01.2023 For R2 and R3 : No appearance

O R D E R

This writ petition has been filed to direct the 2nd respondent to dispose of the appeal of the petitioner, dated 30.04.2022, against the order in Proceedings No.R.C/C2-4/97305/2022, dated 04.03.2022, passed by the 3rd respondent, within a stipulated period.

2.It is the case of the petitioner that, while he was in service in the respondent University as Head of Computer Service Wing, an FIR came to be lodged against him by the business partner of his wife, based on which, the petitioner was placed under suspension. Thereafter, the petitioner was issued with charge-memo dated 03.12.2019. According to the petitioner, he submitted his explanation on 17.12.2019. The petitioner filed W.P.No.7033 of 2020 to regularise the period of suspension pending charge-memo. Whereas, the 3rd respondent passed an order in Proceedings No.R.C/C2-4/97305/2022, dated 04.03.2022, relieving the petitioner from two charges and penalizing him for the charge of leaving Headquarters

without permission and the suspension period from 01.09.2014 to 11.02.2018 was treated as leave as loss of pay. Challenging the order of the 3rd respondent dated 04.03.2022, the petitioner filed an Appeal before the 2nd respondent, dated 30.04.2022. Despite representation being made by the petitioner, dated 15.09.2022, to place the Appeal before the Committee and pass necessary orders, the Appeal is still pending at the hands of the 2nd respondent without any progress. Hence, the writ petition. 3.Heard the learned counsel for the petitioner. 4.Considering the limited nature of the relief sought for in the present writ petition, there shall be a direction to the 2nd respondent to consider and dispose the Appeal filed by the petitioner, dated 30.04.2022, 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.

21.09.2023 mkn

N. SATHISH KUMAR, J.

mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The Vice-Chancellor, Annamalai University, Annamalai Nagar, Chidambaram - 608 002.

2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram - 608 002.

21.09.2023