1
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.21905 OF 2022
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
2. The Writ Petition is filed questioning the action of the respondents in not considering the case of the petitioner for promotion to the post of Superintending Engineer, without reference to minor punishment of censure imposed by the 1 st respondent vide G.O.Rt.No.690, Municipal Administration and Urban Development (Vig.I) Department, dated 09.12.2021.
3. Case of the petitioner is that ACB officials registered a false case against him and charge memo was issued on 20.02.2007 for conducting departmental enquiry and the same was received by the petitioner on 18.06.2007; after receipt of charge memo, petitioner submitted his explanation on 30.06.2007; Enquiry Officer conducted enquiry and submitted his report. Subsequently, Government issued G.O.Rt.No. 690 dated 09.12.2021 imposing penalty of censure against the petitioner; respondents are taking steps to effect promotions to the post of Superintending Engineer, but they are not considering the case of the petitioner for promotion as there is a punishment of censure against him. Hence, the present Writ Petition.
4. Learned counsel for the petitioner submits that censure is not a punishment to deny the promotion. He relies upon the 2 judgment of this Court in W.P.No.3312 of 2019 dated 13.03.2019 wherein, the Division Bench of this court relied upon the judgment of the Full Bench of Madras High Court in a case reported in Deputy Inspector General of Police, Thanjavur Range, Thanjavur and another Vs. V.Rani1. The said Writ Petition was filed challenging the order of Tribunal dismissing the OA wherein, a direction was sought to consider the case of the petitioner therein for promotion without reference to the minor punishment of censure imposed on him. The Division Bench of this Court allowed the said Writ Petition by setting aside the impugned order and directed the respondents to consider the case of the petitioner therein for promotion without reference to the currency of one year in respect of penalty of censure and to pass appropriate orders within a period of four weeks.
5. Learned Government Pleader produced a copy of written instructions vide memo dated 21.07.2022 stating inter alia that there are eight existing vacancies and one reserved vacancy and as per the seniority list, petitioner is shown at Sl.No.10 and that if he comes within the zone of consideration as per seniority, his case will be considered by the departmental promotion committee.
6. In view of the facts and circumstances of the case and in the light of the Division Bench judgment of this Court, the respondents are directed to consider the case of the petitioner for promotion, if he comes within the zone of consideration. 1 2011 (3) CTC 129=MANU/TN/1299/2011 3
7. The Writ Petition is disposed of accordingly. No order as to costs. As a sequel thereto, the miscellaneous petitions, if any pending in this Writ Petition shall stand closed.
_________________________________ KONGARA VIJAYA LAKSHMI, J Date: 22.07.2022 Note:
Issue CC in one week (B/o) Rmn 4 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No. 21905 of 2022 Date: 22.07.2022 Rmn