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2012 DIGILAW 1691 (MAD)

G. Marimuthu v. Secretary to Government, Co-Operation Food and Consumer Protection Department, Chennai

2012-04-02

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of Mandamus, directing the respondents to include the name of the petitioner in the approved panel for the year 2000-2001 for promotion to the post of Deputy Registrar of Co-Operative Societies and promote him in accordance with his seniority with all attendant benefits. 2. It is not disputed that the petitioner was facing punishment, when the panel was This drawn and it was on account of this, that the case of petitioner was not considered for empanelment. 3. The petitioner prays for consideration of his case, on the ground that incident was more than 5 years old, therefore, it was not open to the respondents to take notice of the punishment to be bar for promotion to the petitioner. 4. On consideration, I find that this writ petition is totally misconceived. It is after expiry of 5 years of punishment, that the punishment cannot be taken note. The case set up by the petitioner is that he be promoted pending enquiry. The prayer is contrary to service rules, which stipulate that an employee, facing enquiry under Rule 17(b) and during the pendency of punishment period, is not entitled to be considered for empanelment. 5. No fault can be found with the action of respondents in not including the name of petitioner in the panel for promotion for the year 2000 – 2001. 6. No merits. Dismissed. No costs.