M. Neelakandan v. Registrar of Co-Operative Societies
2012-04-02
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of Mandamus, directing the respondents to promote the petitioner to the post of Co-Operative Sub-Registrar retrospectively in accordance with his original seniority of Senior Inspector of Co-Operative Societies, with full monetary benefits and other consequential service benefits. 2. The petitioner was issued charge memo under Rule 17(a) on 30.11.1999, on ground of negligence in performance of duty in not submitting the report within the prescribed time, and also for furnishing false information. 3. The case of petitioner is that without waiting for explanation of petitioner, he was imposed a punishment of stoppage of increment for 6 months without cumulative effect. 4. The petitioner had challenged the order of punishment. The impugned order was stayed by the learned Tamil Nadu Administrative Tribunal, but subsequently, the Original Application filed by petitioner was dismissed as withdrawn. 5. The petitioner now prays for promotion from due date, on the ground that the period of punishment expired, therefore, there is no justification with the respondents to deny promotion to the petitioner. 6. A counter has been filed by respondents. The stand taken by respondents is that petitioner was denied promotion, because of pendency of criminal case against petitioner. The petitioner was not entitled to be promoted, because of pendency of criminal case, on the date of filing of writ petition. 7. The petitioner could file the writ only after acquittal from the criminal Court, therefore, this writ petition is dismissed as premature, at this stage, because of pendency of criminal case.