Petitioner sought writ to be included in promotion panel despite pending vigilance case where no charge sheet was laid for 13 years. Court held temporary promotion is permissible.
Respondents directed to include petitioner in promotion panel within six weeks considering representation made.
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W.P.No. 6117 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6117 of 2024 and
W.M.P.No.6772 of 2024
N.Arivalagan
.... Petitioner
Vs
Rep. by its Secretary to Government and Farmers Welfare Department, Fort St.Geroge, Chennai – 600 009.
3. The Superintending Engineer (AE), Agriculture Department, Tiruchirapalli.
.... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to include the petitioner's name in the panel of Assistant Engineer fit for promotion for the post of Assistant Executive Engineer and promote him as Assistant Executive Engineer temporarily on par with his juniors without reference to the pending Vigilance case in Crime No.10 of 2009.
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W.P.No. 6117 of 2024
For Petitioner : Mr.M.Muthappan For Respondents : Mr.K.Tamilvendan Government Advocate
ORDER
This Writ Petition has been filed for a direction directing the
respondents to include the name of the petitioner in the panel of Assistant
Engineer to the post of Assistant Executive Engineer.
perused the materials available on record.
W.P.No. 6117 of 2024
Vililance and Anti Corruption, Trichy, registered an FIR in Crime No.10 of 2009. However, the petitioner's name is not found in the FIR. The investigation says that he is also involved in the said crime.
out that as per Section 47(4) of the Tamil Nadu Government Servants (conditions of service) Act 1916, the appointing authority may promote the delinquent officer temporarily against whom charges or vigilance case is pending. There is absolutely no impediment to include the petitioner in 3/6
W.P.No. 6117 of 2024
the panel of Assistant Engineer fit for promotion to the post of Assistant Executive Engineer.
consider the representation submitted by the petitioner in view of the observations made by this Court and pass orders to include the petitioner's name in the panel of Assistant Engineer fit for promotion to the post of Assistant Executive Engineer within a period of six weeks from the date of receipt of a copy of this order.
of. Consequently connected miscellaneous petition is closed. No costs.
08.03.2024
Index:Yes/No Speaking Order: Yes Lpp
To
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W.P.No. 6117 of 2024
G.K.ILANTHIRAIYAN, J.
Lpp
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W.P.No. 6117 of 2024
W.P.No.6117 of 2024
and W.M.P.No.6772 of 2024
08.03.2024
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2 issues framed by the court
Whether a government servant against whom a vigilance case is pending but has no longer progress can be included in the promotion panel.
Whether the appointing authority can promote a delinquent officer temporarily against whom charges are pending.
2 provisions across 2 enactments
N.Arivalagan
State of Tamil Nadu, Rep. by its Secretary to Government and Farmers Welfare Department
The Chief Engineer, Agriculture Engineering Department
The Superintending Engineer (AE), Agriculture Department, Tiruchirapalli
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
