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Madras High CourtWP(MD)/15964/2018disposed of

S.Muruganantham, Selection v. The Management Of Tamil Nadu

2018-07-23Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.15964 of 2018 S.Muruganantham ... Petitioner Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., rep. by its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karur Region, Karur.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's appeal dated 30.01.2018 within a time limit that may be fixed by this Court. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

ORDER

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's appeal dated 30.01.2018 within a time limit that may be fixed by this Court.

2.Heard Mr.A.Rahul, learned counsel appearing for the petitioner and Mr.D.Sivaraman, learned standing counsel appearing for the respondents.

3.The learned counsel appearing for the petitioner would submit that the petitioner was working as Senior Grade Conductor at the respondent Corporation. While so, a disciplinary proceedings was initiated against him and accordingly, the second respondent, by order dated 23.11.2010 inflicted the punishment of reduction in rank by two stages with cumulative effect, with the result, the petitioner had been reduced from the rank of Senior Grade Conductor to entry level Conductor. As against the said order of punishment, the petitioner preferred an appeal on 30.01.2018 to the first respondent. However, the said appeal is yet to be disposed of and https://hcservices.ecourts.gov.in/hcservices/

the same is still pending. Because of that, the petitioner is suffered a lot. Therefore, the learned counsel appearing for the petitioner would submit that if a direction is given to the respondents, especially, the first respondent to decide the appeal dated 30.01.2018 on merits and in accordance with law, within a time frame, that may be stipulated by this Court and an order to that effect is directed to be passed, the petitioner would be satisfied. 4.I have heard the learned standing counsel appearing for the respondents, who would submit that the appeal dated 30.01.2018 filed by the petitioner to the first respondent would be considered and decided on merits and an order to that effect would be passed, within a time frame.

5.Considering the limited scope of the writ petition, this Court is inclined to pass the following order: "The first respondent is directed to decide the appeal filed by the petitioner dated 30.01.2018 on merits and in accordance with law and pass orders thereon, within a period of four weeks from the date of receipt of copy of this order."

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) +1CC to Mr.A.Rahul, Advocate, SR.No.74643 +1CC to Mr.D.Sivaraman, Advocate, SR.No.74444 W.P(MD)No.15964 of 2018 23.07.2018 Arul ES/PM/SAR 3/03.10.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/