J VENKATESAN Vs. COMMISSIONER AMBATTUR MUNICIPALITY

JUDGEMENT

(1.) THE petitioner had approached the Tamilnadu Administrative Tribunal, Chennai by filing Original Application No.2065 of 2000, challenging the order of the first respondent dated 6.3.2000, a show cause notice. THE said Original Application had been transferred to the file of this Court on abolition of the Tribunal and renumbered as W.P.No.45260 of 2006.

(2.) THE short facts necessary for the disposal of the present writ petition are as follows:- THE petitioner was appointed as NMR on 1.8.1990 and working in the office of the first respondent Municipality continuously. While so, the Commissioner of Municipal Administration has passed an order to fill up the post of sanitary Supervisor in his order No.M.M.No.50086/99/J-3 dated 21.7.1999. Subsequently, in view of the order passed by the Commissioner of Municipal Administration, the first respondent herein has appointed the petitioner, being the senior most NMR and in view of the appointment made by the first respondent, the petitioner also joined in the post of sanitary supervisor on 28.7.1999. THEreafter, the first respondent issued a show cause notice on 27.1.2000 calling upon the petitioner to submit his explanation as to why his appointment order should not be cancelled. THE petitioner also on receipt of the said show cause notice has given his reply raising the objection for cancelling the order dated 27.5.1999. However, even after submission of his reply, the petitioner filed an application in O.A.No. 780 of 2000 on the file of the Tamil Nadu Administrative Tribunal, challenging the said show cause notice. THE Tribunal, after considering the case of the petitioner set aside the order of the respondent in Na.Ka.No.8200/99/H-1 dated nil January 2000 giving liberty to the first respondent to issue a fresh order with reasons based on which the appointment of the petitioner is sought to be cancelled.