Madras High CourtWP(MD)/5396/2019disposed of

R.Selvan, S/O.S.Ramasamy, v. The Principal Secretary To

2019-03-07Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.5396 of 2019 R.Selvan ... Petitioner vs.

1.The Principal Secretary to Government, Home (Trpt) Department, Secretariat, Chennai - 9.

2.The Principal Secretary/Transport Commissioner, Chennai - 600 005.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to consider the petitioner's Appeal dated 04.08.2017 and to pass orders within the stipulated time may be fixed by this Court.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.V.Anand Government Advocate

O R D E R

This writ petition has been filed seeking a direction to the first respondent to dispose of the petitioner's appeal dated 04.08.2017 within the stipulated time may be fixed by this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The petitioner was working as a Motor Vehicle Inspector at R.T.O.Check Post, K.G.Chavadi (In Coming), Coimbatore. While so, he was issued with a charge memo, based on which, an enquiry was conducted and based on the enquiry report, the petitioner was imposed with a punishment of dismissal. Aggrieved by the same, he filed an appeal on 04.08.2017 before the first respondent and the https://hcservices.ecourts.gov.in/hcservices/

same is pending without getting disposal. Hence the petitioner is before this Court seeking early disposal of the Appeal. 4.Considering the facts and circumstances of the case and also considering the fact that the appeal is stated to be pending from the year 2017, this Court, without going into the merits of the case, directs the first respondent to dispose of the appeal dated 04.08.2017, if not already disposed, on merits and in accordance with law, after due opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of eights weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar mj To 1.The Principal Secretary to Government, Home (Trpt) Department, Secretariat, Chennai - 9.

2.The Principal Secretary/Transport Commissioner, Chennai - 600 005.

1 CC to M/s.M.SARAVANA KUMAR, Advocate ( SR-52188[F] dated 07/03/2019 ) +1 CC to M/s.SPL GP ( SR-52590[F] dated 08/03/2019 ) W.P(MD) No.5396 of 2019 07.03.2019 DS/ /SAR- (25.03.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/