PRINCIPAL SECRETARY TO GOVERNMENT Vs. AG.CHANDRASEKAR

JUDGEMENT

(1.) The State by way of this appeal seeks to challenge the order dated 05.03.2019 in W.P.No.17697 of 2018, whereby the learned Single Judge has directed the appellant to include the name of the respondent / writ petitioner in the panel for promotion to the post of Additional Registrar of Cooperative Societies and consequently, promote him, subject to any other disqualification apart from the pendency of the criminal proceedings pending on the file of Special Court under the Prevention of Corruption Act, Chennai, under the following Sections 120(b), r/w 409,409 r/w, 467, 467 r/w, 471, 46 r/w 109, 477 (A) IPC and 13(2) r/w 13(l)(d) r/w 109,409, r/w 109, 467, 467 r/w 109, 467 r/w 471, 477(A), PC and 13(2) r/w 13(l)(d) of the IPC.

(2.) The facts in brief leading to the writ appeal are as under:-

(3.) After the disciplinary proceedings were dropped, the writ petitioner / respondent was promoted from the post of Deputy Registrar to the post of Joint Registrar of Co-operative Societies. When the turn for the promotion from Joint Registrar to Additional Registrar came, the writ petitioner's name was not included in the panel list for the year 2012-13 on the ground that criminal proceedings are pending against the petitioner. The petitioner gave a representation on 21.12.2017 contending that since the departmental proceedings have been dropped against the writ petitioner, and it would take several years for the criminal proceedings and the petitioner's name should be included in the panel list for the post of Additional Registrar for the year 2012-13. Since the petitioner's name was not included, the petitioner has filed the instant writ petition for a writ of mandamus directing the appellants to include his name in the panel for promotion to the post of Additional Registrar, Cooperative Societies and consequently promote him in the existing vacancy by considering his representation dated 21.12.2017.