Mr. G. Kanann v. The Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.19890 of 2013 and M.P(MD)Nos.1 & 2 of 2013 Mr.G.Kannan ... Petitioner Vs.

1.The Commissioner of Employment and Training, Guindy, Chennai-32.

2.The Director of Employment, Directorate of Employment & training, O/o.Director of Employment & Training, Guindy, Chennai-600 032.

3.The Joint Director of Employment, Commissionarate of Employment and Training, Guindy, Chennai-32.

4.The Assistant Director, District Employment Office, Madurai-07.

5.Mr.M.Krishnan ... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order in proceedings No.O.Vi1/7596/2013 dated 21.11.2013 on the file of the Respondent No.2 and quash the same as illegal and consequently to direct the Respondents to consider the petitioner for promotion to the post of Record Clerk with the third Respondent Employment Office. For Petitioner : Mr.T.Lajapathi Roy For R1 to R4 : Mr.M.Jeyakumar, Additional Government Pleader For R5 : No appearance 1/3

ORDER

The order of rejection, dated 21.11.2013 rejecting the claim of the writ petitioner for promotion, is under challenge in the present writ petition. The order impugned states that the particulars regarding the criminal case registered against the writ petitioner is to be informed.

2. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 made a submission that during the relevant point of time a criminal case was pending against the writ petitioner, however, the said criminal case ended with an order of acquittal. All these factors are to be considered by the authorities while considering the case of the writ petitioner for promotion. Undoubtedly, the employees facing a criminal trial or the departmental disciplinary proceedings are not entitled to get the promotion. Only if such employees are exonerated then alone their cases are to be considered for promotion in accordance with the promotion rules in force.

This being the rules, as well as the instructions issued by the Government by way of promotion policy, the authorities competent are bound to follow such promotion policy scrupulously at the time of undertaking the process of preparation of panel and for granting promotions. As the writ petitioner was facing criminal case during the relevant point of time and subsequently acquitted his case is to be considered strictly in accordance with the rules in force. In this regard, the writ petitioner is permitted to submit the representation if he has chosen to do so and in the event of receiving any such representation, the authorities competent/respondents are directed to consider the same strictly in accordance with the promotion rules in force and take a decision and pass orders as expeditiously as possible.

3. With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // Sub Assistant Registrar(CS) am 2/3

To 1.The Commissioner of Employment and Training, Guindy, Chennai-32.

2.The Director of Employment, Directorate of Employment & training, Guindy, Chennai-600 032.

3.The Joint Director of Employment, Commissionarate of Employment and Training, Guindy, Chennai-32.

4.The Assistant Director, District Employment Office, Madurai-07.

+1CC TO MR.T.LAJAPATHI ROY, Advocate Sr. No. 81864 W.P.(MD)No.19890 of 2013 14.08.2019 TNSR(CO) TR (29.08.2019) 3P 6C 3/3