M. Sakthivel, v. The Secretary To Goverment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.09.2018

CORAM

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P. No.25327 of 2018 M.Sakthivel ..... Petitioner Vs The Secretary to Government, Home (Transport - II) Department, Fort St. George, Chennai 600 009.

..... Respondent PRAYER Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to pass orders on the statutory appeal preferred by the petitioner dated 13.08.2018 within a reasonable time. ***** For Petitioner : Mr. K.Venkataramani, Senior Counsel for M.Muthappan For Respondents : Mr.S.Suresh Kumar, Government Advocate

O R D E R

The grievance of the petitioner is that non-disposal of the appeal dated 13.08.2018 preferred against the order of punishment imposed on him in a disciplinary proceedings before the respondent. But the same is yet to be disposed of and hence, the petitioner came to file this writ petition seeking for a direction to the respondent to dispose of such appeal within a stipulated period.

2.

During the course of hearing, the learned counsel appearing for the petitioner submits that in view of limited relief sought for, the respondent be directed to dispose of the appeal in accordance with law within a stipulated period of time, without seeking any reply affidavit as the same in no way cause any prejudice to the respondents in any manner. 3.

Mr.S.Suresh Kumar, learned Government Advocate appearing for respondent submits that since the appeal has been filed only in the recent past, inasmuch as the respondent cannot be said to be guilty of inaction and hence, prays for dismissal of this writ petition https://hcservices.ecourts.gov.in/hcservices/

4.

Considering the facts and submissions, especially the fact that even though the respondent cannot be said to be guilty of inaction but the appeal having been filed, this Court hope and trust the respondent shall dispose of the same as expeditiously as possible, preferably within a period of two months from the date of receipt of copy of this order in its own merit and in accordance with law. However, it is made clear that this Court has not expressed any opinion to dispose of such appeal in any particular manner. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rka To The Secretary to Government, Home (Transport - II) Department, Fort St. George, Chennai 600 009.

+1cc to Mr.M.Muthappan, Advocate, S.R.No.66875 +1cc to the Government Pleader, S.R.No. 67417. W.P. No.25327 of 2018 rrs 09/10/2018 https://hcservices.ecourts.gov.in/hcservices/