IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.07.2017 CORAM THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.11515 of 2012 K.Prakash ... Petitioner Vs.
1. The Commissioner of Rural Development, 'Panagal Building'
Saidapet, Chennai-15.
2. The District Collector, Panchayat Development Unit, Namakkal District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records of the second respondent in connection with the impugned order passed him in Na.Ka.No.22/6556/2011-12 dated 08.11.2011 and quash the same and further direct the respondents to promote the petitioner as Deputy Block Development Officer by including his name in the panel of the year 2010-11.
For Petitioner : Mr.S.Sivakumar For Respondents : Mr.T.M.Pappiah Special Government Pleader O R D E R The petitioner has approached this court seeking the following relief: “to call for the records of the second respondent in connection with the impugned order passed him in Na.Ka.No.22/ 6556/ 2011-12 dated 08.11.2011 and quash the same and further, direct the respondents to promote the petitioner as Deputy Block Development Officer by including his name in the panel for the year 2010-11”.
2. The case of the petitioner is as follows:
According to the petitioner, the impugned order was passed stating that the petitioner was not entitled to be promoted as Deputy Block Development Officer in view of the punishment of Censure passed against him. The writ petitioner at that point of time was working as an Assistant. During the pendency of the writ petition, the petitioner was promoted as Deputy Block Development Officer vide order dated 18.10.2012. However, the order was passed subject to the final outcome of the present writ proceedings pending before this court.
3. The learned counsel appearing for the petitioner would draw the attention of this Court to a Full Bench decision of this Court 2011(3) CTC 129 [W.A.(MD)No.315 of 2010] in the matter of The Deputy Inspector General of Police, Thanjavur Range Thanjavur and another Vs. V.Rani.
5. As per the decision the punishment of Censure of the petitioner is no bar for the promotion granted to the petitioner as Deputy Block Development Officer on 18.10.2012 cannot be faulted at all and the same is legally valid.
6. Therefore, while disposing the writ petition, this Court confirms the order passed by the authority promoting to the post of Deputy Block Development Officer on 18.10.2012.
6. In view of the above said decision, the writ petition stands disposed of. No costs.
26.07.2017 maya Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To
1. The Commissioner of Rural Development, 'Panagal Building', Saidapet, Chennai-15.
V.PARTHIBAN,J.
maya
2. The District Collector, Panchayat Development Unit, Namakkal District.
W.P.No.11515 of 2012 26.07.2017