P.Mohammed Ibrahim, v. The Agricultural Production

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.[MD].No.12153 of 2018 P.Mohammed Ibrahim : Petitioner Vs.

1. The Agricultural Production and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai 600 009.

2. The Commissioner of Agriculture, Agriculture Department, Chepauk, Chennai 600 005.

: Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent, i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Chennai, to pass appropriate orders on the revision petition preferred by the petitioner even on 12.05.2016, against the orders dated 25.11.2015 of the Commissioner of Agriculture, Chennai, dismissing the appeal, within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.K.Saravanan Government Advocate

O R D E R

************ The prayer sought for in this Writ Petition is for issuance of a Writ of Mandamus directing the first respondent, i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Chennai, to pass appropriate orders on the revision petition preferred by the petitioner on 12.05.2016, against the orders dated 25.11.2015 of the Commissioner of Agriculture, Chennai, dismissing the appeal, within a specified time frame that may be fixed by this Court.

2. Heard Mr.S.Visvalingam, learned counsel appearing for the

petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.

3. It is the grievance of the petitioner that the disciplinary proceedings was initiated against him and the Chief Engineer, [Agricultural Engineering], Chennai, inflicted punishment of withholding of increment for a period of two years with cumulative effect against the petitioner, by order dated 02.09.2011, against which he preferred an appeal, on 16.09.2011, which was dismissed by the second respondent, on 25.11.2015, confirming the order passed by the original authority. As against the said order, the petitioner preferred a revision before the first respondent on 12.05.2016.

4. The learned counsel appearing for the petitioner would submit that if the said revision, pending before the first respondent for the past more than two years, is disposed of on merits and in accordance with law, the petitioner would be satisfied.

5. In this regard, I have heard Mr.K.Saravanan, learned Government Advocate appearing for the respondents, who would submit that, the said revision pending before the first respondent shall be considered and an order to that effect would be passed on merits and in accordance with law within a time frame that may be fixed by this Court.

6. Considering the said submissions made by the learned counsel on either side, this Writ Petition is disposed of with the following direction:- ● The revision of the petitioner dated 12.05.2016 filed and pending before the first respondent shall be considered by the first respondent on merits and in accordance with law and a reasoned order thereon shall be passed by the said authority and the same shall be communicated to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The Agricultural Production and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai 600 009.

2. The Commissioner of Agriculture, Agriculture Department, Chepauk, Chennai 600 005.

+ 1 cc TO Mr.S.Visvalingam , Advocate in SR No. 67167 + 1 cc TO The Special Government Pleader in SR No. 67369 NB AE/SV MMS/SAR4/19.06.2018/3P/5C ORDER MADE IN W.P.[MD].No.12153 of 2018 07.06.2018