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2000 Supreme(Mad) 771

P.SATHASIVAM
B. Loganathan – Appellant
Versus
Union of India (Represented By Secretary To Government of Union Territory of Pondicherry, Department of Local Administration), Pondicherry and Another – Respondent


Appearing Advocates:Sri D. Bharatha Chakravarthy, Sri K. K. Saseedharan, Sri T. Murugesan, Advocates.

Judgment :-

P. Sathasivam, J.

The above writ petition is directed against the charge memorandum of the second respondent dated nil calling for the petitioner to submit written statement of defence within 10 days to quash the same and for consequential direction to the second respondent to consider and promote him as senior assistant with effect from 13 January 1998, with all service and monetary benefits.

According to the petitioner, he was initially appointed as clerk in the municipality and was subsequently absorbed in the Villianur Commune Panchayat service as junior assistant with effect from 11 November 1974. The second respondent-Villianur Commune Panchayat published a seniority list of junior assistants on 12 November 1987, in which his name figures at serial No. 5. He is fully qualified for promotion to the next higher post of senior assistant and has been making representations to consider his case and to promote him to the next higher post. While so, the second respondent has served on him the impugned charge-memo alleging that he had committed irregularities in the year 1982. He submitted his explanation, dated 14 November 1997, denying the charges. It is stated that in th

















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