XAVIER DHANARAJ Vs. SECRETARY TO GOVERNMENT PUBLIC

JUDGEMENT

(1.) THE petitioner in all these seven writ petitions is the same person. He was working as Superintending Engineer, Public Works Department, Salem. He filed an Original Application being O.A. No.2463 of 2002 before the Tamil Nadu Administrative Tribunal [for short, TAT'] seeking for a direction to the respondents to consider his case for inclusion of his name in the panel for Superintending Engineer fit for promotion as Chief Engineer for the year 1994-95 and also to promote him on par with his Junior ignoring the charge memos and disciplinary proceedings as illegal and arbitrary and pass appropriate orders.

(2.) THE said Original Application was dismissed by an order dated 09.01.2003. In paragraph 8 of the order, it was stated as follows: Para 8: ".... THE applicant was punished with stoppage of increment for one year and this order was passed in December 1993. THErefore the applicant could not be considered for inclusion of his name in the panel for promotion because the punishment was in currency. THE applicant seems to have not filed any application challenging the order of promotion. Subsequently also disciplinary proceedings have been initiated and they are pending and therefore the applicant cannot ask for promotion in the meantime."

(3.) SIMILARLY, with reference to the charge memo dated 28.5.1997, an enquiry was completed and show cause notice was given disagreeing with the Enquiry Officer's findings and the petitioner filed O.A. No. 1168 of 2003 during March 2003. Subsequently, the said O.A. was transferred to this Court by filing W.P. No. 24559 of 2006. Even in that O.A., the challenge was to the disciplinary proceedings which have been completed.