KARUNANIDHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) PRAYER in the writ petition is to quash the G. O. (MS)No. 276, dated 17. 11. 2005 and direct the respondent to revise the panel prepared for the year 1997-1998 for inclusion of petitioner's name in the appropriate place i. e. , between S. Rajendran and S. Chandrasekaran in the panel prepared for the year 2003-2004.

(2.) PETITIONER entered into the service of Public Works Department after selection by the Public service Commission as Assistant Engineer in the year 1980. He was proceeded under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, based on a charge, which was subsequently dropped. However, due to the issuance of charge memo under Rule 17 (b), petitioner was not given promotion to the post of Assistant Executive Engineer by the Promotion committee during the year 1997. The reason given for non-consideration of petitioner' s name for inclusion in the panel was due to the pendency of the disciplinary proceeding. According to the petitioner, even after dropping all the said charges, petitioner's name was not included in the panel prepared for the year 2003-2004 for promotion to the post of Assistant Executive engineer and the stand taken was that petitioner's name would be considered during the year 2004-2005. Petitioner challenged the said order issued in letter No. 170177/a1/2004-1, dated 25. 4. 200 4 in W. P. No. 28466 of 2004 and this Court passed the following order,

(3.) THE grievance of the petitioner is that the charge framed against him under rule 17 (b) was dropped in the year 1999 by G. O. Ms. No. 172 PWD (E2) dated 4. 5. 1999 and therefore deferring of his name in the year 1997-1998 due to the pendency of the charge is bound to be reconsidered. It is further stated in the affidavit that the said action of the petitioner in not including petitioner's name for the year 1997-1998, even after dropping of the charge is in violation of G. O. Ms. No. 368 Pandar Department, dated 18. 10. 1993, in which it is stated that if the officer is exonerated or acquitted of the charges levelled against him, the name of such officer is to be included in the panel.