Gopalan Sridharan v. The Addl. Chief Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.8509 of 2019 Gopalan Sridharan ... Petitioner vs.
1.The Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2.The Director of Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.
3.The District Collector, Thanjavur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to dispose the departmental proceedings initiated by the third respondent in Na.Ka.No.7888/2018/Ka 4, dated 27.02.2019 against the petitioner on or before 31.05.2019. For Petitioner : Mr.Veera Kathiravan Senior Counsel for Mr.W.Pamelin For Respondents : Mr.V.Anand Government Advocate
ORDER
The Writ Petition is filed seeking a direction to the respondents herein to dispose of the departmental proceedings initiated by the third respondent in Na.Ka.No.7888/2018/Ka 4, dated 27.02.2019 against the petitioner.
2. Heard the learned Senior Counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents. By consent, the Writ Petition is taken up for disposal at the stage of admission itself.
3. The case of the petitioner is that initially he joined in the Government Service as Union Overseer and thereafter, he was promoted as Senior Drafting Officer. Subsequently, the third respondent submitted a proposal by recommending the petitioner's https://hcservices.ecourts.gov.in/hcservices/
name for inclusion in the panel of Assistant Executive Engineer for the year 2018-2019. Pursuant to the same, the Government has issued G.O.Ms.No.49, dated 22.02.2019 by including the name of the petitioner in the panel of Assistant Executive Engineers. The second respondent also granted promotion to the petitioner as Assistant Executive Engineer. However, the petitioner was not relieved for joining the promotional post, alleging that some departmental proceedings are pending against him. Since the petitioner is going to retire on 31.05.2019, he seeks a direction to the respondents seeking early disposal of the departmental proceedings initiated against the petitioner.
4. The learned Government Advocate appearing for the respondents submitted that the respondents would dispose of the departmental proceedings, pending against the petitioner, on merits, within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned Counsel on either side, without going into the merits of the case, the respondents are directed to dispose of the proceedings dated 27.02.2019 on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
6. The Writ Petition stands disposed of, with the above direction. No costs.
Sd/- Assistant Registrar(A.E) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2.The Director of Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.
3.The District Collector, Thanjavur District.
+1 CC to M/s.W.PAMELIN, Advocate ( SR-60411[F] dated 11/04/2019 ) +1 CC to M/s.SPL GP ( SR-60769[F] dated 12/04/2019 ) W.P(MD)No.8509 of 2019 https://hcservices.ecourts.gov.in/hcservices/ SP:06/05/2019/2P/6C