G. Thiruppathi v. Principal Secretary to Government, Revenue Department, Chennai
2015-01-22
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment 1. Mr.D.Muruganandam, learned Additional Government Pleader takes notice for the respondents. 2. The petitioner seeks for a Mandamus directing the first respondent to pass appropriate orders on his representation dated 29.11.2014 and to revoke the orders of the dismissal and reinstate him into service and send the pension proposal to the Accountant General, Chennai. 3. Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents and perused the materials placed before this Court. 4. It is seen that the petitioner was dismissed from service on 17.02.2012 mainly on the reason that in a criminal case, he was convicted. It is further stated by the petitioner that on appeal in a criminal appeal No.315 of 2008, this Court, by judgment dated 22.08.2013 allowed the appeal and set aside the conviction and sentence imposed on the petitioner and consequently acquitted the petitioner of the charges levelled against him. Therefore, the petitioner preferred the above representation before the first respondent seeking for revocation of the order of dismissal. The said representation is still pending and not yet considered. Therefore, the present Writ Petition is filed before this Court. 5. The learned Government Advocate appearing for the respondents submitted that once an order of dismissal is passed without challenging the same, the petitioner is not entitled to seek for revocation of the dismissal through his representation. 6. Per contra, learned counsel appearing for the petitioner submitted that the representation sent by the petitioner may be treated as an appeal against the order of dismissal by taking note of the subsequent developments, namely, acquittal of the petitioner by the appellate Court and appropriate orders may be directed to be passed in the said appeal. 7. Considering the above facts and circumstances of the case and without expressing any view on the merits and contentions raised by the Writ Petitioner, I only direct the first respondent to treat the representation of the petitioner dated 29.11.2014 as an appeal preferred against the order of dismissal and pass orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 8. With the above direction, this Writ Petition stands disposed of. No costs.