1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.13373 of 2011 A.I.Shaw Navas, Retired Motor Vehicle Inspector (NT), RH No.24, Ellis Nagar, Madurai - 625 010. : Petitioner Vs. 1.The Principal Secretary to Government, Home (Transport) Department, Secretariat, Chennai - 600 009. 2.The Commissioner, Tribunal for Disciplinary Proceedings, Tiruchirappalli - 10. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent herein to drop all further action on the departmental enquiry pending in T.D.P. Case No.15/2007 dated 29.06.2007 formulated by the second respondent herein insofar as the petitioner is concerned and exonerate the petitioner from the charges in the light of the decision of this Hon'ble Court rendered in W.P.Nos.7043 of 2008, 4068 of 2009 and 15297 of 2010, dated 04.03.2011 by considering the petitioner's representation dated 05.04.2011 within a stipulated time. For Petitioner : M/s.Padmavathy for M/s.Ravi Shanmugam For Respondents : Mr.T.R.Janarthanan, Additional Government Pleader ORDER The petitioner, A.I.Shaw Navas, has filed the present writ petition seeking for the issuance a Writ of Mandamus directing the first respondent herein to drop all further action on the departmental enquiry pending in T.D.P. Case No.15/2007 dated 29.06.2007 formulated by the second respondent herein insofar as the petitioner is concerned and exonerate him from the charges in the light of the decision of this Hon'ble Court rendered in W.P.Nos.7043 https://hcservices.ecourts.gov.in/hcservices/ 2 of 2008, 4068 of 2009 and 15297 of 2010, dated 04.03.2011 by considering his representation dated 05.04.2011 within a stipulated time. 2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. By consent of both sides, the writ petition itself is taken up for final disposal. 4. The learned Counsel appearing for the petitioner would submit that the petitioner, who joined as Typist in Transport Department on 28.06.1980, was promoted, after eight years, as Assistant on 29.12.1988 and thereafter, promoted to the post of Superintendent, on 10.11.1999. Further, after six years, he was promoted to the post of Motor Vehicle Inspector (NT) on 06.07.2005 and on reaching the age of superannuation, he was also permitted to retired on 31.01.2007. While the petitioner was serving as Superintendent, on 10.09.2003, a surprise check was conducted by the Department of Vigilance and Anti Corruption in the Regional Transport Office at Thanjavur, which resulted in initiation of departmental proceedings against the petitioner. Finally, the Tribunal for Disciplinary Proceedings, Trichy, after a delay of four years, has issued a charge memo in T.D.P. Case No.15/2007 against 11 officers from Despatch Clerk to Regional Transport Officer with an allegation that illegal gratification ranging from Rs.10/- to Rs.4,300/- were received from touts to discharge official duties. In the said charge memo, nearly 318 witnesses were cited to be examined. When there was a huge delay of four years in framing the charges, the co-delinquents by name N.Balagurunathan and A.Angamuthu have approached this Court by filing a writ petitions in W.P.No.7043 of 2008 and 4068 of 2009 to promote them as Regional Transport Officer without reference to the charges issued in T.D.P. Case No.15/2007, dated 29.06.2007. Similarly, another co-delinquent by name Mr.A.Sundaraganesan also had filed a writ petition in W.P.No.15297 of 2010 to promote him as Superintendent without reference to the charges issued in T.D.P. Case No.15 of 2007, dated 29.06.2007. This Court, by order dated 04.03.2011, quashed the charge memo on the ground that the charges were vague and framed with an inordinate delay and finally allowed the above said writ petitions with a direction to the respondents to consider the case of the petitioners for promotion in accordance with law. Under these circumstances, the petitioner has given a representation on 05.04.2011, since the petitioner is also one among the co-delinquents. Since the said representation till date has not been considered by the first respondent, the petitioner has come to this Court with the above said prayer. 5. In a similar circumstances, this Court has given a direction to the respondents to consider the representation made by the petitioner therein. Therefore, the same benefit needs to be extended to this petitioner also, hence, this Court without going into the merits of the matter, directs the first respondent to consider and https://hcservices.ecourts.gov.in/hcservices/ 3 pass appropriate orders on the representation made by the petitioner on 05.04.2011 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the present writ petition is disposed of. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Home (Transport) Department, Secretariat, Chennai - 600 009. 2.The Commissioner, Tribunal for Disciplinary Proceedings, Tiruchirappalli – 10. +1cc to M/s.Ravi Shanmugam, Advocate, Sr.No.42595 +1cc to the Special Govt.Pleader, Sr.No. 42682 srm ssk/02.01.2012 /5c -3p/- Order made in W.P.(MD).No. 13373 of 2011 Dated:- 02.12.2011 https://hcservices.ecourts.gov.in/hcservices/