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Judgment
Honourable Mr. Justice Vinod K. Sharma
The petitioner has approached this Court, with the prayer for issuance of a writ in the nature of Certiorari, to quash the order passed by the
respondent vide R. No. 8141/ R1/2011 (E.O. No. 302/ 2011) dated 20.9.2011 in so far as the petitioner is concerned, and consequently direct
the respondent herein to promote the petitioner as Motor Vehicle Inspector (NT) with effect from 1.4.2010, and as Personal Assistant to Regional
Transport Officer from the Date of Promotion of her immediate junior, with all consequential service and monetary benefits. The petitioner was
promoted to the post of Superintendent on 28.02.2004. The petitioner was served with charge memo under Sec. 17(b) Tamil Nadu Civil Services
(Discipline and Appeal) Rules. In the enquiry conducted against the petitioner, she was found guilty of charges levelled against her. The competent
authority agreed with the findings recorded by the enquiry officer, imposed a punishment of reversion to the post of Assistant for a period of two
years.
The petitioner challenged the order of reversion in this Court. The writ petition filed by the petitioner was allowed and the punishment awarded
to the petitioner was modified to one of minor punishment of stoppage of increment without cumulative effect, for a period of one year.
In view of the fact that the petitioner had proceeded on unsanctioned leave, the punishment could not be implemented. Accordingly, this Court
ordered punishment to be implemented with effect from 30.04.2008. In pursuance to the order passed by this Court, the petitioner was restored
her original position as Superintendent in the department.
The case of the petitioner is that she was not considered for promotion as the petitioner was on unauthorised leave, and the matter regarding
regularisation of leave is pending with the department.
In the counter, stand taken by the respondent is that the case of the petitioner for promotion can only be considered after the period of
absence/unsanctioned leave is regularised. In view of the stand taken by the learned counsel for the State, this petition being premature, is disposed
of, by directing the respondent to take a final decision on the regularisation of leave expeditiously, in any case, not later than one month of the
receipt of certified copy of this order. In case leave is regularised, then the case of the petitioner be considered for further promotion in accordance
with law. No cost.