The petitioner sought a writ of mandamus for promotional inference against veterans faced with pending departmental proceedings, but the High Court held that promotion must await disposal of the charge memo.
The writ petition was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2018
CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.19461 of 2016 and
WMP.No.16874 of 2016
A.Prabhakaran ... Petitioner
vs. 1.The Director of Rural Development and Panchayat Raj, Chennai - 600 005.
2.The District Collector, Panchayat Development Wing, Krishnagiri. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus directing the respondents herein to include the name of the petitioner in the panel as on 01.03.2016 for promotion to the post of Block Development Officer approved in Pro. Roc. No. 4558/2016/K1 dated 01.03.2016 of the 2nd respondent below serial No.5 (K.Dhanasekaran) and above Serial No.6 (V.Theerthagiri) notwithstanding the pendency of the charge memo in Roc.No.17976/2013/K1 dated 28.03.2014 and 16.06.2014 and promote him as such with retrospective effect from the date of promotion of his immediate junior with all consequential benefits.
For Petitioner : M/s.R.Thamaraiselvan, Spl Government Pleader
The relief sought for in this writ petition is for a direction to direct the respondents to include the name of the petitioner in the panel as on 01.03.2016, for promotion to the post of Block Development Officer approved in proceeding dated 01.03.2016 of the 2nd respondent below serial No.5 (K.Dhanasekaran) and above Serial No.6 (V.Theerthagiri)
notwithstanding the pendency of the charge memo in proceeding dated 28.03.2014 and 16.06.2014.
Sd/Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
pkn
To
1.The Director of Rural Development
and Panchayat Raj,
Chennai - 600 005.
2.The District Collector,
Panchayat Development Wing,
Krishnagiri.
+1cc to Mr.Thamarai Selvan, Advocate Sr.69291
+1cc to the Government Pleader Sr.69659
W.P.No.19461 of 2016
and
WMP.No.16874 of 2016
ad[co]
srg 31/10/2018
2 issues framed by the court
Whether an employee facing pendency of departmental disciplinary proceedings and a criminal case is entitled to promotion.
Whether a petitioner facing disciplinary proceedings is eligible for promotion before exoneration.
1 provisions across 1 enactments
A.Prabhakaran
The Director of Rural Development and Panchayat Raj, Chennai
The District Collector, Panchayat Development Wing, Krishnagiri
S.M.Subramaniam
The Honourable Mr. Justice S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
