Madras High CourtWP(MD)/16126/2014disposed of

R.Vivekanandan v. The Chairman

2019-07-23Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.16126 of 2014 R.Vivekanandan ... Petitioner vs.

1. The Chairman Tamilnadu Adi Dravidar Housing and Development Corporation Ltd., Tirumangalam, Chennai-101

2. The Managing Director Tamilnadu Adi Dravidar Housing and Development Corporation Ltd., Tirumangalam, Chennai-101 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st respondent to dispose of the appeal dated 02.07.2013 which is pending before the 1st respondent, within a time stipulated by this Court.

For Petitioner :

Mr.R.Thangapandian For Respondents :

Mr.K.Mu.Muthu Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is for a direction to the first respondent to dispose of the appeal, dated 02.07.2013, filed by the writ petitioner, within a time stipulated by this Court.

2. The learned counsel for the writ petitioner states that the writ petitioner was employed, in the respondent / Corporation, as Assistant Manager Grade-I and he was dismissed from service by the second respondent, in proceedings dated 04.05.2006.

3. The learned counsel for the writ petitioner further states that the enquiry was not conducted in accordance with the procedures contemplated and there were many irregularities occurred in the process of enquiry conducted by the authority competent. In this regard, challenging the order of dismissal, the writ petitioner preferred an appeal before the first respondent, on 02.07.2013, which is yet to be considered. https://hcservices.ecourts.gov.in/hcservices/

4. This Court is of the considered opinion that in the event of filing any such statutory appeals, the appellate authority must consider the same, take a decision and pass orders on merits and in accordance with law as expeditiously as possible. Long pendency of appeals would cause prejudice to the interest of the employees also.

5. This being the principles to be followed, the first respondent is directed to consider the appeal filed by the writ petitioner on 02.07.2013 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose a copy of the appeal as well as all other relevant documents along with a copy of this order and submit the same before the first respondent so as to enable him to comply with the above directions scrupulously.

6. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To:

1.The Chairman, Tamilnadu Adi Dravidar Housing and Development Corporation Ltd., Tirumangalam, Chennai-101.

2.The Managing Director, Tamilnadu Adi Dravidar Housing and Development Corporation Ltd., Tirumangalam, Chennai-101.

+1 CC to Special Government Pleader ( SR-77273[F] dated 24/07/2019 ) W.P.(MD) No.16126 of 2014 23.07.2019 krk AE/(31.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/