T M GAJENDIRAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS Writ Petition is filed by the petitioner, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the file relating to G.O.Ms.No.62 Co-operation, Food and Consumer Protection Department, dated 26.5.2010 cancelling the order of promotion vide G.O.Ms.No.208 Co-operation, Food and Consumer Protection Department, dated 11.12.2008 and demoting him to the post of Co-operative Sub Registrar on the file of the first respondent, quash the same and consequently, direct the respondents to place him in the same post.

(2.) THE brief facts of the case of the petitioner are as follows:

(3.) PER contra, the learned Additional Advocate General appearing for the respondents would contend that there was a mistake on the part of the respondents in promoting the petitioner while there was a charge memo pending under Section 17(b) of the Rules and therefore, the promotion given effect by the respondents is erroneous and it is against the Rules and Government Orders and even if an erroneous promotion is given contrary to the Rules and Government Orders, the respondents cannot be prevented from applying the rules in correcting such erroneous promotion. He would further contend that even before the date of promotion, the charge memo was served on the petitioner, i.e. on 13.12.2008 and therefore, when substantial charges were framed and pending against the petitioner, it can always be held against the petitioner even for inclusion of his name in the panel as well as for consideration of the promotion. In support of his contentions, the learned Addl.Advocate General relied upon the decision reported in "(2008) 2 SCC 750 (Union of India and another versus Narendra Singh)", wherein, it has been categorically held as under in para 32: