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Madras High CourtWP/1015/2016disposed of

K.Pandian, v. The District Collector,

2016-06-16Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.1015 of 2016 K.Pandian Petitioner Vs 1.

The District Collector, Ariyalur 2.

The Block Development Officer Jayamkondan Panchayat Union Ariyalur Respondents Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the Respondents to pass orders on the representation dated 5.10.2015 and the consequential notice dated 22.10.2015 on merits. For Petitioner :

Mr.L.Chandrakumar For Respondent :

Mr.A.Kumar, SGP-R1 Mr.R.M.Muthukumar-R2

ORDER

This Writ Petition is filed to issue a Writ of Mandamus to direct the Respondents to pass orders on the representation dated 5.10.2015 and the consequential notice dated 22.10.2015 on merits.

2. This court heard the learned counsel on either side and also considered their submissions and perused the materials placed on record.

3. The Petitioner, who was working as Noon Meal Organizer under the 2nd Respondent, by proceedings dated 28.10.2013, was dismissed from service on the allegation of certain negligence and discrepancy in discharging his duty. In WP.No.29571 of 2013, filed by the Petitioner, this court by order dated 3.2.2015 directed to conduct a fresh inquiry. But, according to the Petitioner, though the subsistence allowance has been paid to him pursuant to his suspension, as per the directions of this court, enquiry is not even commenced. Therefore, he would only https://hcservices.ecourts.gov.in/hcservices/

request to direct the Respondents to complete the enquiry within a time frame.

4. The learned Special Government Pleader for the Respondents would contend that the Respondents would take necessary action to complete the enquiry.

5. Taking into consideration the fact that the enquiry is pending from the year 2013, the Respondents are directed to complete the enquiry within a period of six months from the date of receipt of a copy of this order, after giving opportunity to the Petitioner, on merits and in accordance with law. The Petitioner shall give fullest cooperation for completing the enquiry. Since the Petitioner is kept under suspension, till the final order passed in the proceedings, the Petitioner will be entitled for payment of subsistence allowance, in accordance with law as per the eligibility.

6. With the above directions, this Writ Petition is disposed of. No costs.

Srcm s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To:

1.

The District Collector, Ariyalur 2.

The Block Development Officer Jayamkondan Panchayat Union Ariyalur + 1 cc to Mr.L.Chandrakumar, Advocate SR 33256 pa(co) prk4/7 WP.No.1015 of 2016 https://hcservices.ecourts.gov.in/hcservices/