Madras High Court
The Principal Secretary To ... vs S.Saravanan on 29 June, 2021
W.A. No.2772 of 2018 and
C.M.P. No.22851 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.2772 of 2018 and
C.M.P. No.22851 of 2018
The Principal Secretary to Government
Government of Tamil Nadu
Highways and Minor Ports (HK1) Department
Secretariat, Fort St. George
Chennai - 9 ... Appellant
vs
S.Saravanan
Assistant Engineer (Highways)
B-4, Jayam Residency Next to SKS Hospital
Fairlands, Salem - 636 004 ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 19.09.2016 made in W.P. No.9529 of 2013.
****
For Petitioner : Mr.C.Jayaprakash
Govt. Advocate
For Respondent : Mr.Ravi Shanmugam
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.2772 of 2018 and
C.M.P. No.22851 of 2018
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
dated 19.09.2016 made in W.P. No.9529 of 2013.
2. When the matter was taken up today for hearing, the learned
counsel appearing for the respondent, produced a copy of the
judgment of a Division Bench of this court in W.A. No.588 of 2018
dated 13.06.2018. The petitioner in that case, is also the co-
delinquent along with the writ petitioner in the case on hand. The
appeal is preferred by the Government against the direction extending
promotion to the writ petitioner.
3. In the above referred writ appeal, it has been recorded that
the criminal case filed against the respondent/writ petitioner is
pending since 2003 for more than 15 years affecting the chance of the
respondent/writ petitioner getting his promotion. Upon verification, it
is stated that the criminal case is pending and no quietus has been
given as of now. In view of the above, the Division Bench had directed
the respondent to approach the criminal court and avail whatever
https://www.mhc.tn.gov.in/judis/
W.A. No.2772 of 2018 and
C.M.P. No.22851 of 2018
remedy that may be applicable to him and get the charge-sheet
quashed. Even in this case, the respondent who is the writ petitioner,
has sought for a direction to the Government to consider his name for
the promotion as Assistant Divisional Engineer. The said direction was
issued by the writ court in the impugned order.
4. The criminal case against this respondent also is still pending.
Therefore, the remedy to the writ petitioner is only before the
appropriate criminal court and without exhausting that remedy to get
the criminal case disposed of, the writ petitioner should not have
approached this court. Further, there cannot be a different order
favouring the respondent when the co delinquent was directed to
approach the criminal court.
5. Accordingly, the writ appeal is allowed and the order of the
writ court dated 19.09.2016 made in W.P. No.9529 of 2013, is set
aside. No costs. Consequently, the connected civil miscellaneous
petition is closed.
[P.S.N., J.] [K.R., J.]
29.06.2021
Asr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
W.A. No.2772 of 2018 and
C.M.P. No.22851 of 2018
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.2772 of 2018 and
C.M.P. No.22851 of 2018
29.06.2021
https://www.mhc.tn.gov.in/judis/
