R.Gowthaman Vs The Commandant — Writ and Judicial Review | Madras HC (2025)

R.Gowthaman Vs The Commandant — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an Appeal before the Appellate Authority within two weeks from the date of receipt of a copy of the order, raising all points raised before this Court; the appellate authority directed to dispose of such appeal within four weeks thereafter; no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the Writ Petition challenging the disciplinary proceedings in P.R.No.11/2016 dated 29.12.2016 should be entertained when the petitioner has not exhausted the statutory remedy of appeal before the Appellate Authority.

Court's answer

Since the petitioner filed the Writ Petition without exhausting the statutory remedy of filing an appeal before the Appellate Authority, the Court held it appropriate to dispose of the Writ Petition with liberty to the petitioner to file an appeal.

Ratio / Principle

The petitioner was granted liberty to file an Appeal before the Appellate Authority within a period of two weeks from the date of receipt of a copy of the order, raising all the points now raised before this Court before the Appellate Authority.

Key takeaways

If such appeal is filed, the appellate authority is directed to dispose of the same within a period of four weeks thereafter.ratio¶29

Detailed headnote1 paragraphs

Writ Petition under Article 226 of the Constitution of India filed by R.Gowthaman against The Commandant, TSP 1st Battalian, Trichy, seeking a Writ of Certiorarified Mandamus to quash the proceedings dated 29.12.2016 issued in P.R.No.11/2016 under Rule 17(b) of TNCS (D&A) Rules and to grant consequential service and monetary benefits. On the submission of the learned Government Advocate that the petitioner had an appellate remedy which he did not avail, the Court disposed of the Writ Petition with liberty to the petitioner to file an appeal before the Appellate Authority within two weeks from receipt of a copy of the order, raising all points urged before the Court; if such appeal is filed, the appellate authority is directed to dispose of it within four weeks thereafter. No costs; connected miscellaneous petition closed. (R.N.MANJULA, J.; order dated 12.03.2025.)

W.P.No.2738 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA

W.P.No.2738 of 2019 and W.M.P.No.3001 of 2019

R.Gowthaman

... Petitioner

Vs.

The Commandant, TSP 1st Battalian, Trichy.

... Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relates to the proceedings of the respondent dated 29.12.2016 issued in P.R.No.11/2016 (Rule 17(b) of TNCS (D&A) Rules) and quash the same. and consequently, direct the respondent to grant all consequential service and monetary benefits.

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W.P.No.2738 of 2019

ORDER

This Writ Petition has been filed to call for the records relates to

the proceedings of the respondent dated 29.12.2016 issued in P.R.No.11/2016 (Rule 17(b) of TNCS (D&A) Rules) and quash the same. and consequently, direct the respondent to grant all consequential service and monetary benefits.

2. Heard Mr.P.I.Thirumoorthy, learned counsel for the petitioner,

Mr.A.M.Ayyadurai, learned Government Advocate for the respondents

and perused the materials available on record.

3. The learned Government Advocate for the respondent submitted that despite the petitioner has got the appellate remedy, he did not make use of the opportunity and filed this Writ Petition directly.

4. As the petitioner has filed this Writ Petition without exhausting

the statutory remedy of filing an appeal before the Appellate Authority, I feel it is appropriate to dispose this Writ Petition with liberty to the petitioner to file an appeal.

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W.P.No.2738 of 2019

5. In the result, this Writ Petition is disposed by giving liberty to

the petitioner to file an Appeal before the Appellate Authority within a period of two weeks from the date of receipt of a copy of this order and raise all the points now raised before this Court before the Appellate Authority. If such appeal is filed, the appellate authority is directed to dispose the same within a period of four weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes /No 12.03.2025 Speaking / Non-speaking Neutral Citation : Yes / No gsk

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W.P.No.2738 of 2019

R.N.MANJULA, J.

gsk

To

The Commandant, TSP 1st Battalian, Trichy.

W.P.No.2738 of 2019 and W.M.P.No.3001 of 2019

12.03.2025

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