High Court · 2025

W.A.No.2772 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.10.2025CORAM :THE HONOURABLE MR.JUSTICE R. SURESH KUMAR ANDTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.A.No.2772 of 2025G.Venkateswaran..AppellantVs.1. The Principal Secretary to Government Home (Transport IIA) Department Fort St. George, Chennai – 9.2. The Transport Commissioner Chepauk, Chennai – 5.3. The Deputy Transport Commissioner Salem Zone, Salem.4. The Joint Transport Commissioner Chennai South Zone, Chennai – 17...RespondentsPrayer: Appeal filed under Clause 15 of the Letters Patent, against the order in W.P.No.3782 of 2024 dated 27.01.2025.For the Appellant:Mr.B.MughundhanFor the Respondents:Mr.E.Vijay AnandAdditional Government PleaderJUDGMENT(Judgment of the Court was made by R.SURESH KUMAR, J.)This appeal has been directed against the order passed by the Writ Court dated 27.01.2025 made in W.P.No.3782 of 2024.Page 1 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2772 of 20252. The appellant was the writ petitioner, who was initially appointed as Motor Vehicle Inspector, Grade II and his seniority was fixed at Si.No.39 in the selection list with effect from 08.04.1996. Thereafter, he was promoted as Motor Vehicle Inspector, Grade I from the year 2001 and then, he was further promoted as Regional Transport Officer, by including his name in the Panel for the Year 2008-09 by the orders of the Government in GO(RT) No.1283, Home (Transport) Department, dated 25.08.2009. However, his seniority in the cadre of Regional Transport Officer is yet to be fixed. 3. Despite his seniority, as he has reached the sufficient seniority for consideration for further promotion to the post of Deputy Transport Commissioner for the Panel Year 2018-19, his name was not included, therefore, he has approached the Writ Court seeking such relief as prayed therein.4. However, it was found by the learned Judge of the Writ Court that, as there has been charges pending under Rule 17(b) of the Tamil Nadu Civil Servants (Discipline and Appeal) Rules dated 18.06.2013 and 06.02.2020 against the appellant, he was not considered for further promotion. However, during the hearing, it Page 2 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2772 of 2025was brought to the notice of the learned Writ Court that though the charge memo is dated 18.06.2013, absolutely, only in the year 2021, an Enquiry Officer was appointed and he has completed the enquiry and the enquiry report has also been submitted. 5. Taking note of all these factors, the learned Judge, through the impugned order dated 27.01.2025, had directed the respondents, that is the employer of the appellant, to pass orders on the Enquiry Officer's report, that is final orders on the Disciplinary Proceedings, within eight weeks' period.6. Aggrieved over the said order only, the present writ appeal has been filed.7. Heard Mr.B.Mughundhan, learned counsel for the appellant and Mr.E.Vijay Anand, learned Additional Government Pleader for the respondents.8. Pursuant to the earlier hearing, when the case is taken up for further hearing today, Mr.E.Vijay Anand, learned Additional Government Pleader appearing for the respondents, has produced a letter dated 25.09.2025 issued by the Additional Secretary to the Page 3 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2772 of 2025Government, Home (Transport II) Department, Government of Tamil Nadu, where, inter alia, he has stated the follows:-“2. I am directed to state that in consonance of the orders passed by the Hon'ble High Court of Madras third cited, the Government called for the further representation of the petitioner vide Government letter fourth cited and the petitioner has submitted his further representation, on the findings of the Inquiry Officer, dated 02.09.2025 to the Transport Commissioner and accordingly the Transport Commissioner forwarded the furtherrepresentation vide letter sixth cited to the Government.3. I am further to state that the Government will pass final orders at the earliest, on the further representation submitted by the petitioner, in consultation with the Human Resources Management department and the Vigilance Commission final order will be issued in both the pending Disciplinary Proceedings within 6 weeks.4. I am therefore directed to request you to apprise the above facts before the Hon'ble Divison Bench of High Court of Madras and seek time for passing final orders, as and when the W:A.No.2772 of 2025 is taken up for hearing.”Relying upon this communication, the learned Additional Government Pleader would submit that, after completion of the enquiry and the presentation of the Enquiry Officer's report to the Disciplinary Authority, a second opportunity has been given to the delinquent and since all these formalities are over, now, it is ripe for passing final orders by the Disciplinary Authority, who would pass such an order at the earliest point of time, which may also be Page 4 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2772 of 2025stipulated by this Court.9. He would also submit that the pendency of the instant intra-Court appeal is also one of the reason for the final order not being passed by the Disciplinary Authority.10. Having taken note of the said submissions made by the learned Additional Government Pleader for the respondents as well as the written submissions given by the Additional Secretary to Government in his letter dated 25.09.2025, as extracted hereinabove, we are inclined to dispose of this writ appeal with the following directions:(i) That the respondents, that is the Disciplinary Authority, shall pass orders on the Disciplinary Proceedings pending against the appellant within a period of four weeks from the date of receipt of a copy of this order. Depending upon the outcome of the order to be passed by the Disciplinary Authority, further entitlement of service prospects, like fixing seniority, promotion, etc., as claimed by the appellant would be decided and necessary orders to that effect also would be passed by the concerned Authority/respondent thereafter.Page 5 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2772 of 202511. With these directions, the writ appeal stands disposed of. However, there shall be no order as to costs. (R.S.K., J.) (H.C., J.) 07.10.2025 Speaking Order/Non-Speaking OrderNeutral Citation:Yes/NoInternet:Yes/NoIndex:Yes/No(drm)Page 6 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2772 of 2025To:1. The Principal Secretary to Government Home (Transport IIA) Department Fort St. George, Chennai – 9.2. The Transport Commissioner Chepauk, Chennai – 5.3. The Deputy Transport Commissioner Salem Zone, Salem.4. The Joint Transport Commissioner Chennai South Zone, Chennai – 17.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2772 of 2025R. SURESH KUMAR, J.AND HEMANT CHANDANGOUDAR, J.(drm) W.A.No.2772 of 202507.10.2025Page 8 of 8