Disposed

P.Stephen v. Secretary to Government

Madras HC26 Mar 2021WP/4767/2021

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the 1st Respondent to consider the petitioner's representation regarding a penalty of stoppage of increment, after affording an opportunity of a personal hearing, and pass appropriate orders within sixty days.

What did the court decide?

Direction to the 1st Respondent to consider petitioner's representation, provide personal hearing opportunity, and pass orders within 60 days.

P.Stephen Vs Secretary to Government — Pension and Retirement Benefits | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 26.03.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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W.P.No.4767 of 2021

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P.Stephen ... Petitioner

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Vs.

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The Secretary to Government, Revenue & Disaster Management, (Additional Chief Secretary), Government of Tamil Nadu, Fort St. George, Chennai 600 009.

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The Commissioner, Survey and Settlement, Survey House, Chepauk, Chennai 600 005. ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1^st Respondent to consider and pass orders on the representation dated 08.01.2021 submitted by the Petitioner in accordance with law within the time limit stipulated by this Court, by setting aside the order of penalty dated 09.06.2015 as confirmed by Appellate orders dated 27.07.2018 and 10.02.2020 and to exonerate the Petitioner from all the charges.

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For Petitioner : Mr.P.V.S.Giridhar For Respondents : Mrs.P.Rajalakshmi, Additional Government Pleader

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Petitioner has come up with this Writ Petition seeking a direction to the 1^st Respondent to consider and pass orders on his representation dated 08.01.2021 in accordance with law, by setting aside the order of penalty dated 09.06.2015 as confirmed by Appellate orders dated 27.07.2018 and 10.02.2020 and to exonerate him from all the charges.

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According to the Petitioner, he was appointed as Field Surveyor on 09.03.2001 and is currently posted as Deputy Inspector of Surveyor. It is his grievance that, despite his detailed reply dated 09.07.2014 to the Inquiry Officer's Report,

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

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the Disciplinary Authority mechanically imposed the minor penalty of stoppage of increment for a period of six months without cumulative effect and without affecting pensionary benefits. As his Appeal dated 24.07.2015 to the Appellate Authority stood rejected, the Petitioner submitted a representation dated 08.01.2021 to the 1^st Respondent. However, there is no response to the same.

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Heard the learned counsel on either side and perused the material documents available on record.

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Considering the facts and circumstances of the case, this Court directs the 1^st Respondent herein to consider the Petitioner's representation dated 08.01.2021 in accordance with law, after affording an opportunity of personal hearing to the Petitioner, and pass appropriate orders on the same, within a period of sixty days from the date of receipt of a copy of this order.

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The Petitioner shall furnish his phone number, Email ID, if any, etc., along with a copy of his representation and a copy of this order to 1^st Respondent, forthwith. The 1^st Respondent is directed to communicate the decision taken on the representation, to the Petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/Registered Post/Speed Post, so that there is no need for the parties to file a Contempt Petition after expiry of the specified period. In case, Authorities concerned fail to send communication to the parties, they will have to face civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned unserved for one reason or the other, the same shall be kept in the file without opening it for the sake of proof of delivery, so that the parties, at a later point of time, will not take a plea that, they are not aware of the order of this Court.

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With the above direction and observation, this Writ Petition stands disposed of. No costs.

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Sub Assistant Registrar

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(aeb)

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

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To:

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The Secretary to Government, Revenue & Disaster Management, (Additional Chief Secretary), Government of Tamil Nadu, Fort St. George, Chennai 600 009.

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The Commissioner, Survey and Settlement, Survey House, Chepauk, Chennai 600 005.

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+1cc to Mr.Giridhar & Sai, Advocate, S.R.No. 19956

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W.P.No.4767 of 2021
NK(CO)
GN(04/05/2021)

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

P.Stephen v. Secretary to Government

Case brief

What is this about?

What did the court decide?

P.Stephen v. Secretary to Government

Case brief

What is this about?

What did the court decide?

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