Dismissed

M.Ravindran Mariappan, v. the Secretary to the Govt.

Madras HC23 Jun 2015WP(MD)/10170/2015

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court disposed of a writ petition filed for quashing an order dismissing the petitioner from service. The court held that an internal appeal remedy exists and directed the petitioner to approach the appellate authority first.

What did the court decide?

Petitioner directed to prefer an appeal before the Additional Chief Secretary within two months; writ petition disposed of.

M.Ravindran Mariappan, Vs the Secretary to the Govt. — Service and Employment | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 23.06.2015

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Coram

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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W.P.(MD).No.10170 of 2015 and M.P.(MD).No.1 of 2015 M.Ravindran Mariappan : Petitioner vs. 1.The Secretary to the Government, Youth Welfare and Sports Development (YW), NCC Directorate, (Tamil nadu Pondicherry and Andaman), Chennai – 9.

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2.The Deputy Director General of NCC, Directorate of NCC, St.George Fort, Chennai. 3.The Group Commander, NCC Group Head Quarters, No.86/1, P.T.Rajan Road, Madurai.

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4.The Commanding Officer, 3(TN) TU NCC, Lions Town, Thoothukudi : Respondents

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Prayer: Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2^nd respondent vide his Memorandum No.1332/203/SE/RM, dated 27.02.2015 and quash the same and consequently, direct the respondents to reinstate the petitioner in service with consequential benefits.

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For Petitioner :Mr.K.Seemaraj For Respondents :Mr.S.Kumar Addl.Govt.Pleader O R D E R

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The prayer in the Writ Petition is a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order https://hcservices.ecourts.gov.in/hcservices/ passed by the 2^nd respondent vide his Memorandum No.1332/203/SE/RM, dated 27.02.2015 and quash the same and consequently direct the

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respondents to reinstate the petitioner in service with consequential benefits.

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2.The case of the petitioner is that without issuing any showcause notice and without following the principles of natural justice, the impugned order, dated 27.02.2015, has been issued, dismissing the petitioner from service, in terms Section 17(b) of Tamil Nadu Civil Service (Discipline and Appeal) Rules.

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It is clearly stated in paragraph 12 of the impugned order that the petitioner is entitled to prefer an appeal before the Additional Chief Secretary to Government, Youth Welfare and Sports Development Department, Secretariat, Chennai, against the impugned order, within a period of two months. Since there is a provision of appeal remedy, it is open to the petitioner to prefer an appeal before the appellate authority, and it is for the petitioner to convince the authority for delay in preferring the appeal. Taking note of the facts and circumstances, the authority may consider and pass orders on the appeal to be preferred by the petitioner. On such filing of an appeal, the authority concerned is directed to dispose of the same, within a period of one month, thereafter.

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With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(AE)

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/TRUE COPY/

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Sub Assistant Registrar

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1.The Secretary to the Government, Youth Welfare and Sports Development (YW),

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NCC Directorate, (Tamil nadu Pondicherry and Andaman), Chennai – 9.

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2.The Deputy Director General of NCC,

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Directorate of NCC, St.George Fort, Chennai. 3.The Group Commander,

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NCC Group Head Quarters,

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No.86/1, P.T.Rajan Road, Madurai.

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4.The Commanding Officer,

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3(TN) TU NCC, Lions Town, Thoothukudi .

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+1 C.C.To.M/s.K.Seemaraj, SR 33002 +1 GSM SR No.331256

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MPK

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SH:29.07.2015:P2/6C

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD).No.10170 of 2015 23.06.2015

M.Ravindran Mariappan, v. the Secretary to the Govt.

Case brief

What is this about?

What did the court decide?

M.Ravindran Mariappan, v. the Secretary to the Govt.

Case brief

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What did the court decide?

What the court decided

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