ANBARASU Vs. STATE

JUDGEMENT

(1.) Writ Petition is filed for issuance of Writ of Mandamus to direct the respondent to issue no objection certificate for permitting the petitioner to go abroad pursuant to the invitation dated 26.09.2019 vide communication No.85/2019/AISGEF/HQ, dated 29.07.2019 and also to grant leave for 16 days for the purpose of attending XIII TUI PS & A World Congress conference organised by Trade Union International of Public and Allied Workers in Larcana - Cyprus on 16 th to 17th November 2019 pursuant to the petitioner's requisition dated; 01.10.2019 within a week.

(2.) Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.

(3.) The case of the petitioner is that he is working as Superintendent under the respondent. He was elected as General Secretary for co-ordination committee in Tamil Nadu Government Employees Association (TNGEA), which was formed to espouse the cause of Government Employees grievance. The petitioner has possessed valid passport and other requisite qualification to visit any foreign country. Since the petitioner is holding the post of General Secretary in Tamil Nadu Government Employees Association, he was invited as one of the delegates to participate in the conference, which is scheduled to be held on 16 th to 17th November 2019 at Larcana, Cyprus. As per the Government Servant Rules, the petitioner has to get permission of the Government to travel abroad. Therefore, he has sent a requisition to the respondent on 01.10.2019 requesting them to grant a No Objection Certificate to go abroad as well as for sanction of leave to proceed further with his trip. However, no action has been taken by the respondent on the said requisition. The petitioner apprehends that a charge memo was issued to him under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, on 29.01.2019 citing that he was involved in two criminal cases. That criminal cases were registered for the offences under Section 188 and 143 of IPC on the ground that the petitioner participated in the protest and for the said reason, his requisition cannot be rejected. Hence, the present writ petition.