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2023 Supreme(Online)(MAD) 9041

HIGH COURT OF MADRAS
HON`BLE MR.JUSTICE MOHAMMED SHAFFIQ
C.R.RADHAMANI – Appellant
Versus
THE COMMISSIONER OF COMMERCI – Respondent


ORDER

The writ petition is filed praying for a writ of Certiorarified Mandamus challenging the order of the 1st Respondent dated 05.05.2011 in Pro.Ref.No. P2/13192/2011 and to issue consequential directions to the 1st Respondent to include the name of the petitioner in the panel for the year 2009 for promotion as Assistant Commercial Tax Officer, at S.No.93 or 94 of the panel approved by the 1st Respondent in Pro.No.P2/28377/2009-1 dated 18.12.2009 and to promote him with retrospective effect from the date of promotion of his immediate junior with consequential benefits.

2. Facts of the case:

2.1. The petitioner had joined the service as Typist on 15.02.1993 and was promoted as Assistant on 23.05.2000 and on the date of filing of the writ petition, the petitioner was serving as Assistant in the Office of the Assistant Commissioner (Commercial Taxes), R.S.Puram West Circle, Coimbatore. Whileso, the 2nd Respondent issued a charge memo dated 19.01.2009 vide proceedings No.A1/5812/2008, initiating disciplinary proceedings against the petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules (hereinafter referred to as the "Rules"), wherein the following ch

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