Madras High Court
The Additional Chief Secretary/ vs M.Diravium on 13 February, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.2533 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.02.2025
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.2533 of 2024
and
C.M.P(MD)No.17801 of 2024
1. The Additional Chief Secretary/
Commissioner of Revenue Administration,
Secretariat, Fort St.George,
Chennai.
2. The District Collector,
Thoothukudi District,
Thoothukudi. ... Appellants
vs.
M.Diravium ... Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters
Patent, against the order dated 04.09.2023 made in W.P(MD)No.18503 of
2023.
For Appellants : Ms.D.Farjana Ghoushia
Special Government Pleader
For Respondent : Mr.H.Mohammed Imran for
M/s.Ajmal Associates
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1/7
W.A(MD)No.2533 of 2024
JUDGMENT
(Judgment of the Court was made by J.NISHA BANU, J.)
This writ appeal is filed against the order dated 04.09.2023
made in W.P(MD)No.18503 of 2023.
2. The facts leading to the filing of the writ appeal are as
follows:
The respondent / writ petitioner was initially appointed as an
Assistant on 24.12.2009 at Ettayapuram, Thoothukudi District, by direct
recruitment and after various promotions, presently he is working in the
cadre of Taluk Supply Officer, Kayathar, Thoothukudi District. His next
avenue of promotion is to the post of Tahsildar, for which, a promotion
panel was prepared, wherein, his name was also included and the same
was approved by the 2nd appellant in the year 2022. The crucial date for
the respondent's promotion fell on 01.07.2022. While so, the 2nd
appellant vide proceedings dated 15.03.2023 published the approved
list, in which, the respondent was placed at Serial No.8. However, for
want of vacancies, the respondent was not promoted. Thereafter, a
charge memo dated 21.06.2023 came to be issued against the
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respondent, on the allegation that the respondent mutated the patta of
few lands standing in the name of the Government in favour of third
parties. Despite inclusion of his name in the promotion panel for the
year 2022, since the respondent was not promoted, he made a
representation on 28.06.2023 to the appellants and finding inaction, he
filed the writ petition.
3. Though the appellants filed a counter affidavit in the writ
petition, contending that due to the pendency of charges framed under
Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal)
Rules, 1955, the respondent was not promoted and also relied upon the
Government Letters to the effect that charges framed under Rule 17(b) of
the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 and
any of the punishments awarded after the crucial date, but before the
actual promotion, shall be held against the officer, the Writ Court
rejected those contentions and has held as follows:
''8.No doubt, as on the crucial date ie., on 01.07.2022 or on
the date of the promotion panel, dated 15.03.2023, the petitioner was
not issued with any charge-memo. Schedule XI Part A(II)(8) of the
Tamil Nadu Government Servants (Conditions of Service) Act, 2016
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mandates that the pendency of charges framed under Rule 17(b) of
the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955,
against a member of service, shall be a bar for inclusion of his name
in the approved list. However, no charges were pending against the
petitioner as on the crucial date and on the date of finalizing the
promotion panel for the year 2022. Moreover, the argument made by
the learned Additional Government Pleader appearing for the
respondents that on the basis of a Government Letter, dated
27.08.2003, wherein it was clarified that charges framed under Rule
17(b) of the Tamil Nadu Civil Services (Discipline and Appeal)
Rules, 1955 after the crucial date but before the actual promotion
shall also be held against the officer is not sustainable for the simple
reason that an Executive Letter, cannot supplant the mandates of the
statute. When the statute is clear that there is no bar for a candidate
to be considered for promotion if no charges were pending either on
the crucial date or on the date of promotion panel cannot be
superseded by the letter of the authorities.
......
......
12.On reading the aforesaid Judgments as cited supra, this
Court is of the view that as already decided, when there was no
currency of punishment on the crucial date or when there were no
pending charges either on the date of the crucial date or on the date of
promotion panel, the subsequent charge-memo cannot be a bar for
promotion.
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13.Under such facts and circumstances of the case and in view
of the decisions cited supra, the following directions are issued in this
Writ Petition:
(i) The name of the petitioner shall be included in the panel based on
the crucial date 01.07.2022, fit for promotion to the post of Tahsildar
and the said panel for the year 2022 shall be acted upon.
(ii) If vacancy is not available as of now, the petitioner should be
accommodated in the next arising vacancy, giving effect to the
promotion panel for the year 2022.
(iii) If the name of the petitioner is considered as directed and any
promotion is given to him, that will be subject to the result of the
departmental proceedings initiated against the petitioner vide charge
memo, dated 21.06.2023.''
4. As rightly held by the Writ Court, when there was no
currency of punishment on the crucial date or when there were no
pending charges either on the crucial date or on the date of promotion
panel, the subsequent charge-memo cannot be a bar for promotion. In
this case, either on the crucial date i.e., on 01.07.2022 or on the date of
the promotion panel, dated 15.03.2023, the respondent was not issued
with any charge-memo. Therefore, there was no impediment to
promote the respondent and the Writ Court has rightly allowed the writ
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petition. Hence, we are not inclined to interfere with the order passed
by the Writ Court.
5. Accordingly, the Writ Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[J.N.B, J.] [S.S.Y, J.]
13.02.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Additional Chief Secretary/
Commissioner of Revenue Administration,
Secretariat, Fort St.George,
Chennai.
2. The District Collector,
Thoothukudi District,
Thoothukudi.
https://www.mhc.tn.gov.in/judis
J.NISHA BANU, J.
AND
S.SRIMATHY, J.
bala
JUDGMENT MADE IN
DATED : 13.02.2025
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