B.Chandrakrishnan v. The Commissioner Of Milk Production
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) Nos.16902, 16903 & 16905 of 2025 B.Chandrakrishnan ... Petitioner vs.
1. The Commissioner of Milk Production and Diary Development Department, Madavaram, Chennai.
2. The Enquiry Officer / the District Revenue Officer, Trichy District Co-Operative Milk Producers Union Limited, Trichy.
3. The Deputy Registrar (Dairying), O/o. Milk and Dairy Development Department, Madurai.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned fresh promotion panel called by the 1st respondent vide his proceedings in Rc.No. 08/D1/2025 dated 17.07.2025 quash the same and 1/8
further direct the respondents herein to include the petitioners name in the 2025 promotion panel for the post of Co-Operative Sub Registrar. For Petitioner : Mr.E.Mareeskumar For R1 - R3 : Mr.K.Balasubramanian Spl. Government Pleader
O R D E R
Challenging the proceedings dated 17.07.2025, by which the petitioner's name was excluded from the promotion panel for the post of Cooperative Sub Registrar and to direct the respondents to include the petitioner's name in the 2025 promotion panel for the post of Co-Operative Sub Registrar, the present writ petition has been filed by the petitioner.
2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner is working as a Senior Inspector in the office of the Deputy Registrar, Thiruvallur. While he was in service, the first respondent vide proceedings dated 30.07.2020, placed the petitioner under suspension with 2/8
immediate effect under Section 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, by citing an enquiry regarding monetary lapses and dereliction of duty. However, during the pending of the disciplinary proceedings under Section 17(b), the petitioner was denied promotions on three occasions. The present impugned proceedings dated 17.07.2025 which published the approved list of Senior Inspectors found fit for promotion to the post of Cooperative Sub Registrar for the panel year 2025, did not include the name of the petitioner and two others, citing the pendency of disciplinary charges as the reason for exclusion. Aggrieved by the same, the present writ petition has been filed by the petitioner.
4. Learned counsel for the petitioner would submit that though the disciplinary proceedings were initiated in the year 2020, they have not been concluded for the past five years. The petitioner has also filed a writ petition in W.P.(MD) No.13332 of 2025 challenging the charge memo on the ground of delay, which is presently pending before this Court. The grievance of the petitioner is that the delay in conducting the enquiry is solely attributable to the respondents and yet, due to the pendency of the same, the petitioner's name was 3/8
omitted from the promotion list, which, according to him is arbitrary and not sustainable. Accordingly, he prayed for appropriate from this Court.
5. Per contra, the learned Special Government Pleader appearing on behalf of the respondents would submit that there were several reasons for the delay in concluding the disciplinary proceedings initiated against the petitioner. However, the enquiry has now been concluded and the report has been sent to the Secretary, Animal Husbandry and Dairy Development Department on 05.06.2025. The said authority will pass appropriate orders within the time frame stipulated by this Court. The learned Special Government Pleader would further submit that it is not a case where only the petitioner's name has been omitted from the promotion panel but two other individuals, namely, Balaji and Kavitha Puvirajasingam, were also not included in the promotion list. In any event, due to the pendency of the enquiry and charge memo, the petitioner is not entitled to be considered for promotion.
6. Heard Mr.E.Mareeskumar, learned counsel for the petitioner and Mr.K.Balasubramanian, learned Special Government Pleader, who accepts notice 4/8
on behalf of the respondents and perused the materials available on record.
7. Taking into consideration the facts and submissions made by both sides, it is evident that the disciplinary proceedings against the petitioner, initiated in the year 2020, remained unconcluded for a considerable period of nearly five years. Admittedly, the enquiry report has now been submitted, and the final orders are awaited. It is also brought to the notice of this Court that the petitioner has already filed a writ petition in W.P.(MD) No.13332 of 2025, challenging the charge memo on the ground of inordinate delay and the same is pending adjudication before this Court.
8. In view of the above, this Court is not inclined to enter into the merits of the disciplinary proceedings or the petitioner's claim for promotion in the present writ petition. However, this Court is of the considered opinion that the petitioner is entitled to raise all his contentions, including the delay in concluding the disciplinary proceedings and the consequential denial of promotion, in the pending writ petition. Accordingly, liberty is granted to the petitioner to raise all the grounds and reliefs sought in the present writ petition in W.P.(MD) No.13332 5/8
of 2025. If the petitioner succeeds in the said writ petition, it is open to the petitioner to seek appropriate directions and the respondents shall then consider the petitioner's case for inclusion in the promotion panel to the post of Cooperative Sub Registrar, in accordance with law and the outcome of the said writ petition.
9. The writ petition is disposed of on the above terms. No costs. Consequently, the connected miscellaneous petitions are closed. 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 6/8
To
1. The Commissioner of Milk Production and Diary Development Department, Madavaram, Chennai.
2. The Enquiry Officer / the District Revenue Officer, Trichy District Co-Operative Milk Producers Union Limited, Trichy.
3. The Deputy Registrar (Dairying), O/o. Milk and Dairy Development Department, Madurai.
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M.DHANDAPANI ,J.
PKN ORDER MADE IN DATED : 11.08.2025 8/8