Disposed

R.Sivabalan v. The Principal Secretary to Government

Madras HC15 Dec 2022WP/16945/2022

Case brief

AI extract

What is this about?

In a writ petition challenging a delay in registering a review petition, the High Court of Madras directed the first respondent to accept the petitioner's additional objections and pass final orders on the pending appeal within six weeks.

What did the court decide?

Direction to accept additional objections and pass final orders on merit on the pending appeal within six weeks.

R.Sivabalan Vs The Principal Secretary to Government — Service and Employment | Madras HC (2022)

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W.P. No.16945 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.12.2022

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CORAM:

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THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

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W.P. No.16945 of 2022 and

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W.M.P. No.16232 of 2022

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R. Sivabalan ... Petitioner vs.

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The Principal Secretary to Government of Tamil Nadu Department of Finance, Secretariat, Chennai - 600 009.

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The Additional Chief Secretary to Government Finance (LF) Department, Secretariat, Chennai - 600 009.

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The Director of Local Fund Audit Department, Integrated Office Complex for Finance Department, 4th Floor, Near Tod Hunter Nagar, Veterinary Hospital Campus, No.571, Anna Salai, Nandhanam, Chennai - 600 035.

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The Commissioner & Tribunal for Disciplinary Proceedings, Tribunal for Disciplinary Proceedings, No.5/1B, Vinayaga Nagar, Madurai - 20.

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https://www.mhc.tn.gov.in/judis

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W.P. No.16945 of 2022

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5. The Chief Internal Auditor &

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Chief Auditor of Statutory Boards / Office Chennai - 2. ... Respondents

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Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the entire records in pursuant to the punishment order issued to the petitioner by the 2nd respondent vide G.O. (D) No.288 Finance (LF) Department, dated 31.12.2020 and quash the same with a consequential direction to the respondents to provide all consequential and attendant benefits to the petitioner.

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For petitioner : Mr.T.P. Prabakaran For respondents : Mr.Stalin Abimanyu, Addl. Govt. Pleader

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ORDER

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The petitioner has challenged the impugned order dated 06.04.2022 passed by the 2^nd respondent under which the review petition

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filed by the petitioner (Delinquent Officer) seeking to exonerate him from the charges framed against him was rejected on the ground that the said review petition was filed beyond the prescribed period of 60 days from the date of receipt of the Government Order viz., G.O. (D) No.288

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Finance (LF) Department, dated 31.12.2020 by the petitioner.

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Heard Mr.T.P. Prabakaran, learned counsel for the petitioner and

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Mr.Stalin Abimanyu, learned Additional Government Pleader for the

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respondents 1 to 5.

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https://www.mhc.tn.gov.in/judis

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W.P. No.16945 of 2022

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Admittedly, the petitioner has preferred an appeal as against the

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impugned order dated 06.04.2022 before the 1^st respondent on 26.10.2021 and the said appeal is still pending. Since the 2^nd

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respondent has rejected the petitioner's review petition only on the ground that the said review petition has been filed beyond the prescribed period of 60 days, this Court is of the considered view that unless and until final orders are passed in the appeal filed by the petitioner aggrieved by the impugned order passed by the 2^nd respondent, which is presently pending on the file of the 1^st respondent, the question of entertaining this writ petition at this stage will not arise.

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The learned counsel for the petitioner would now submit that

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the petitioner will be satisfied, if a direction is issued to the 1^st respondent to pass final orders on merits and in accordance with law on the petitioner's appeal, dated 26.10.2021, within a time frame to be fixed by this Court.

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The petitioner has been imposed with a punishment of one year

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increment cut with cumulative effect, which is the subject matter of challenge.

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W.P. No.16945 of 2022

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The learned counsel for the petitioner would submit that the

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petitioner is retiring from service on 30.06.2023. The said statement is recorded.

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For the foregoing reasons, this writ petition is disposed of by

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issuing the following directions :-

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a) The petitioner is directed to submit his additional objections / explanation, if any, to the 1^st respondent, within a period of one week from the date of receipt of a copy of this order.

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b) On receipt of the additional objections / explanation from the petitioner, within the stipulated time, the 1^st respondent shall pass final orders on merits and in accordance with law on the petitioner's appeal dated 26.10.2021, filed as against the impugned order, dated 06.04.2022 of the 2^nd respondent, within a period of six weeks thereafter, after giving due consideration to the objections / explanation received from the petitioner.

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No costs. Consequently, connected miscellaneous petition is

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closed.

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15.12.2022

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Note : Issue order copy on 16.12.2022

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Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2

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https://www.mhc.tn.gov.in/judis

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W.P. No.16945 of 2022

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The Principal Secretary to Government of Tamil Nadu Department of Finance, Secretariat, Chennai - 600 009.

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The Additional Chief Secretary to Government Finance (LF) Department, Secretariat, Chennai - 600 009.

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The Director of Local Fund Audit Department, Integrated Office Complex for Finance Department, 4th Floor, Near Tod Hunter Nagar, Veterinary Hospital Campus, No.571, Anna Salai, Nandhanam, Chennai - 600 035. 4. The Commissioner & Tribunal for Disciplinary Proceedings, Tribunal for Disciplinary Proceedings, No.5/1B, Vinayaga Nagar, Madurai - 20.

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The Chief Internal Auditor & Chief Auditor of Statutory Boards / Office Chennai - 2.

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https://www.mhc.tn.gov.in/judis

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W.P. No.16945 of 2022

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ABDUL QUDDHOSE, J.

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vsi2

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W.P. No.16945 of 2022

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15.12.2022

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https://www.mhc.tn.gov.in/judis

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R.Sivabalan v. The Principal Secretary to Government

Case brief

What is this about?

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R.Sivabalan v. The Principal Secretary to Government

Case brief

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