Madras High CourtWP(MD)/17133/2020disposed of

J. Baskaran v. The District Collector

2022-01-24Honourable Mr Justice B.Pugalendhi2 pages

W.P.[MD].No.17133 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.[MD].No.17133 of 2020 W.M.P.[MD].Nos.14297 of 2020 & 200 of 2021 J.Baskaran ... Petitioner Vs.

The District Collector, Sivagangai District, Sivagangai.

...Respondent

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the respondent in his proceedings in Na.Ka.Q1/9/11/2019 dated 11.11.2020 and quash the same and consequently direct the respondent to place the petitioner in the post of BDO with all attendant benefits within a time frame as fixed by this Court. For Petitioner : Mr.H.Arumugam For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.J.Ashok, Additional Government Pleader

O R D E R

This Writ Petition has been filed as against the order of punishment passed by the respondent on 11.11.2020.

2. The petitioner, who was working as Block Development Officer, was issued with a charge memo that he used the official vehicle for his personal work in the holidays and during that time, the driver succumbed to death. Due to which, the respondent/Disciplinary Authority has imposed the punishment of reversion of rank and the petitioner, who was working as Block Development Officer, is now posted as Deputy Block Development Officer, by the order impugned. Aggrieved over the same, the present Writ Petition has been filed.

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W.P.[MD].No.17133 of 2020

3. Mr.Veera Kathirvanan, learned Additional Advocate General appearing for the respondents submits that as against the order of Disciplinary Authority, the petitioner is having an appeal remedy before the Director of Rural Development and this petitioner, without invoking the appeal remedy, has filed this writ petition before this Court.

4. Considering the above submissions made by the learned Additional Advocate General, this Court, without expressing any opinion on the merits of the case, is inclined to dispose the writ petition with liberty to the petitioner to file an appeal before the Director of Rural Development within a period of four weeks from the date of receipt of a copy of this order. If such an appeal is filed within the stipulated time, the Appellate Authority shall entertain the appeal and decide the matter on merits. Hence, this Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To The District Collector, Sivagangai District, Sivagangai.

Copy to The Director of Rural Development, Chennai +1 CC to M/s.SPL.GP ( SR-2354[F] dated 25/01/2022 ) W.P.[MD].No.17133 of 2020 24.01.2022 ks(CO) TR(23.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2