Madras High Court
V.Visweswaran vs The Director Of Handloom And ... on 22 June, 2021
W.A.(MD)No.846 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.846 of 2019
V.Visweswaran : Appellant
Vs.
1.The Director of Handloom and Textiles,
Kuralagam, 2nd Floor,
Chennai-600 108.
2.The Assistant Director of Handloom and Textiles,
Collectorate Complex,
Virudhunagar-626 002. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the orders dated 20.06.2019, in W.P.(MD)No.9002 of
2015 and quash the orders of the Director of Handlooms and Textiles,
Chennai in R.C.No.22330/2014/E3-2, dated 29.01.2015 and direct the
first respondent i.e., the Director of Handloom and Textiles, Chennai to
include the name of the appellant in the approved list of Handloom
https://www.mhc.tn.gov.in/judis/
1/6
W.A.(MD)No.846 of 2019
Officer of the year 2014-15 according to feeder category seniority, within
a stipulated time frame.
For Appellant : Mr.S.Visvalingam
For Respondents : Mr.A.K.Manickam
Standing Counsel for Government
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.S.Visvalingam, learned Counsel appearing for
the appellant and Mr.A.K.Manickam, learned Standing Counsel for
Government appearing for the respondents.
2.This Writ Appeal is directed against the order dated
20.06.2019, in W.P.(MD)No.9002 of 2015.
3.The only issue which falls for consideration in this appeal is
whether the appellant's name can be passed over and not included in the
panel for promotion to the post of Handloom officer on the ground that a
charge memo was issued much after the crucial date. In this regard, it is
relevant to note Section 7(1) of the Tamil Nadu Government Servants
(Conditions of Service Act), 2016 which reads as follows:
“Mere filing of cases in Courts by the
appropriate investigation Authority against a member
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.846 of 2019
of service, shall not be a bar for inclusion of his name
in the approved list. If specific charges are framed or
charge sheet has been filed in the criminal case on the
crucial date his name shall not be considered for
inclusion in the approved list”.
4.In terms of the above provisions, what would be relevant is
whether charge proceedings is pending as on the crucial date. According
to the appellant, on the crucial date ie., 01.03.2014, there was no charge
proceedings pending and charge memo was issued only on 12.01.2015.
In the light of Section 7 of the conditions of Service Act, the competent
authority who draws the panel for promotion has to consider the case of
the candidate based on the said provisions namely, Section 7(1).
Therefore, we are not agreeable with the findings rendered by the
learned Single Bench in paragraph No.5, by laying down the broad
proposition that pendency of charge even after the crucial date would be
a bar. In fact, we find that there are no adequate reasons to support such
a conclusion apart from the statutory provisions having not been taken
note of. Therefore, we are of the view that the decision rendered in the
writ petition cannot be taken to be laying down a general legal principal.
5.For the above reasons, the Writ Appeal is allowed and the
order passed in the writ petition is set aside. Consequently, there will be
a direction to the respondents to consider the candidature of the
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.846 of 2019
petitioner by taking note of Section 7(1) and pass appropriate orders
within three [3] months from the date of receipt of a copy of this
judgment. However, there shall be no order as to costs.
[T.S.S., J.] & [S.A.I., J.]
22.06.2021
Index : Yes / No
Internet : Yes / No
MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.846 of 2019
To
1.The Director of Handloom and Textiles,
Kuralagam, 2nd Floor,
Chennai-600 108.
2.The Assistant Director of Handloom and Textiles,
Collectorate Complex,
Virudhunagar-626 002.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.846 of 2019
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.846 of 2019
22.06.2021
https://www.mhc.tn.gov.in/judis/
