A petitioner sought a declaration that his non-inclusion in a promotion list was illegal due to delayed disciplinary proceedings. The High Court dismissed the petition, holding that pendency of charges and lack of final punishment are bars to promotion, rendering the claim misconceived.
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.
W.P.(MD)No.15087 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.15087 of 2013
S.Murali Babu
... Petitioner
Vs.
Chepauk, Chennai – 600 005.
Chepauk, Chennai – 600 005.
4.R.Viswanathan
Assistant Director of Agriculture, K.V.Kuppam,
Vellore District.
... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that non-inclusion of the petitioner's name in the promotion list in Pa.apa2/125534/2011, dated 14.06.2012 was illegal due to inordinate delay in declaring punishment and consequently direct the respondents to treat the petitioner as notionally promoted along with others as Assistant Director of Agriculture with right of seniority by placing the petitioner above 4th respondent.
For Petitioner : Mr.N.Sundareshan For Respondents : Mr.S.Dhayalan (R1 To R3) Govt.Advocate
For Respondent-4: No Appearance
O R D E R
The Writ of Declaration is filed to declare that non-inclusion of the name of the writ petitioner in the promotion list, dated 14.06.2012, for promotion to the post of Assistant Director of https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.15087 of 2013
Agriculture was illegal due to inordinate delay in declaring punishment and consequently, direct the respondents 1 to 3 to treat the petitioner as notionally promoted along with others.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
MPK
To
1.The Commissioner of Agriculture Produce and Secretary to Government, Chepauk, Chennai – 600 005.
2.The Additional Director of Agriculture, Office of Commissioner of Agriculture, Chepauk, Chennai – 600 005.
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W.P.(MD)No.15087 of 2013
W.P.(MD)No.15087 of 2013 23.11.2020
3.The Joint Director of Agriculture, Tallakulam, Madurai.
+1 CC to M/s.SGP ( SR-22699[F] dated 24/11/2020 )
MA(CO) KK(02.12.2020) 3P 5C
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2 issues framed by the court
Whether inordinate delay in departmental proceedings can ground a claim for notionally promoted status.
Whether pendency of disciplinary charges bars promotion.
S.Murali Babu
The Commissioner of Agriculture Produce and Secretary to Government
The Additional Director of Agriculture
The Joint Director of Agriculture
R.Viswanathan
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
