S SARAVANAPERUMAL Vs. REGISTRAR GENERAL HIGH COURT CHENNAI

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner has sought for a writ of certiorarified mandamus to quash the order of the second respondent in A.No.370/2009 dated 25/11/2009.

(2.) THE Court heard the learned Counsel for the petitioner. THE affidavit in support of the petition is perused.

(3.) AFTER hearing the learned Counsel and looking into the materials available, this Court is of the considered opinion that it is not a fit case where the order made by the second respondent District Judge could be quashed. It is not in controversy that after the show cause notice was issued on 11.8.2009, he tendered his explanation on 20.8.2009. Promotion was given to the other individuals working in the Court pursuant to the orders passed by the third respondent. But, it was not done in respect of the petitioner herein. It is not in controversy that 17(b) charges have been framed against him pursuant to the memo given on 11.8.2009, and it is also pending enquiry. Under the circumstances, this Court is of the considered opinion that it is not a fit case where either the order of the learned District Judge could be quashed or promotion could be ordered. AFTER the enquiry is over, if he is not found fault with, then there cannot be any impediment for giving him promotion, and hence it would be fit and proper to issue a direction for the disposal of the disciplinary proceedings pending pursuant to the charges framed already against the petitioner herein as expeditiously as possible. If he is not found guilty of the charges framed against him, there cannot be any impediment for the District Judge to consider his promotion as one expected in law.