G. NAGARAJAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The issue involved in this Writ Petition is whether the Respondents were right in not granting Promotion to the Petitioner. The Petitioner has challenged the impugned Promotion Panel, dtd. 28/2/2020 where his name has not been included for Promotion to the post of Joint Director of Town and Country Planning in the Town and Country Planning Department.

(2.) According to the Petitioner, as on the Crucial date i.e., on 28/2/2020 when the Promotion Panel was drawn, no Charge-sheet was pending against the Petitioner and hence, his name is entitled to be included in the Promotion Panel, dtd. 28/2/2020 drawn for the post of Joint Director of Town and Country Planning in the Town and Country Planning Department.

(3.) Learned Senior Counsel for the Petitioner drew the attention of this Court to Sec. II(4) & (5) of Part-A in Schedule XI of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and would submit that as per the said Rules, the Charge-sheet will have to be filed into Court and it is not sufficient if the Respondents have been informed about the proposed Charge-sheet to be filed by the Prosecuting agency.