G. THANGADURAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents. This writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of writ of certiorarified mandamus, calling for the records relating to the impugned panel in G.O. Ms. No. 46, Agriculture (AA3) Department, dated 22.2.2011 of Assistant Engineer fit for promotion to the post of Assistant Executive Engineer as on 1.4.2010 and quash the same as illegal and consequently, direct the first respondent to include the petitioner name in the panel of Assistant Engineers fit for promotion to the post of Assistant Executive Engineers as on 1.4.2010, considering the petitioner representation, dated 20.4.2011.

(2.) The petitioner was appointed as Junior Drafting Officer (Agricultural Engineering Department) at Bodinayakkanur on 9.9.1976 and was promoted as Assistant Engineer on 20.6.1987 and on the date of filing the writ petition, he was working as Assistant Engineer in the Office of Assistant Executive Engineer (A.E.), Theni.

(3.) It is also an admitted fact that a charge memo, dated 16.11.2011 was issued by the Commissioner for Disciplinary Proceedings, Madurai-2 against the petitioner. As per G.O. (2D) No. 54, Agriculture (AA2(3)) Department, dated 5.3.2009, based on the enquiry report, the first respondent passed an order imposing punishment of stoppage of increment for a period of 12 months without cumulative effect on the petitioner, besides recovery of alleged loss to the tune of Rs. 66,492.50/- holding that the charges levelled against the petitioner herein were proved. Challenging the said order, the petitioner has preferred writ petition in W.P. (MD). No. 2807 of 2009 and the same is pending before this Court. In the present writ petition, the petitioner has stated that the respondents have prepared panel for the promotion of Assistant Executive Engineers, leaving the petitioner's name, which is against law.