SMT JUSTICE T. RAJANI

WRIT PETITION No.12186 of 2020

ORDER:

This petition is filed seeking to declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Hostel Welfare Officer Gr-I, on the ground of pendency of disciplinary case and making inordinate delay in initiating and concluding the disciplinary proceedings, as illegal.

2. Heard the counsel for the petitioner and the Government Pleader for Social Welfare appearing for the respondents.

3. The counsel for the petitioner submits that in the year 2018, a charge memo was served to the petitioner for the incident, which took in the year 2015. But till now, the enquiry against the petitioner has not yet commenced. He also draws the attention of this Court to the order in W.P.No.1707 of 2020, which was passed under similar circumstances in respect of another similarly placed employee.

4. The Government Pleader on the other hand submits that the petitioner did not submit any material to say that his juniors were promoted and that he was ignored due to the pendency of the disciplinary proceedings. However, the said fact is stated in the affidavit of the petitioner.

5. Hence, taking into consideration of all the above facts, this Court deems it fit to direct the respondents to consider the case

of the petitioner for promotion to the post of Hostel Welfare Officer Gr.I without reference to the disciplinary proceedings pending against him keeping in view the G.O.Ms.No.679, General Administration (Services-C) Department, dated 01.11.2008, if he is otherwise found eligible. However, the promotion shall be subject to the result of the enquiry.

6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

______________ T. RAJANI, J

July 24, 2020. ARR

SMT JUSTICE T. RAJANI

WRIT PETITION No.12186 of 2020

Date : 24-07-2020

ARR