Madras High CourtWP/10191/2016disposed of

K.Saravanaselvam, v. The Principal Secretary To

2016-03-18Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.03.2016

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.10191 of 2016 K.Saravanaselvam .. Petitioner vs 1.The Principal Secretary to Government, Rural Development & Panchayat Raj Department, Fort St. George, Chennai 600 009.

2.The Director of Rural Development and Panchayat Raj, Chennai 600 015.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus by directing the respondents herein to conclude the disciplinary proceedings initiated against the petitioner by the second respondent in his proceedings RC. No.51761/09/DPC III-2 dated 09.11.2009 and pass final order within a time frame. For Petitioner : Ms.Daisy for M/s.G.Bala and Daisy For Respondents: Mr.P.Chinnadurai, Government Advocate

O R D E R

The petitioner, K.Saravanaselvam, who has undergone departmental proceedings, pursuant to the issuance of a charge memo under 17(b) of the Tamil Nadu Civil Supplies (Discipline and Appeal) Rules, has given his written explanation to the enquiry report dated 11.06.2014. Finding no final order being passed by the Disciplinary Authority, has come to this Court, seeking a direction to the respondents to conclude the disciplinary proceedings initiated against him by the second respondent in his proceedings RC. No.51761/09/DPC III-2 dated 09.11.2009 and pass final orders within a time frame. https://hcservices.ecourts.gov.in/hcservices/

2.Learned counsel appearing for the petitioner would submit that on 26.08.2014, the first respondent, has passed an order, dis-agreeing with the findings of the enquiry officer and dropped further proceedings as against the co-delinquent namely G.Selvakumaran, then Assistant Engineer (RD), Perambalur District. The petitioner is also similarly situated as that of the then Assistant Engineer and entitled for the same order. Since the enquiry has been completed, no final orders have been passed till date.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 4.Since the enquiry officer has completed the enquiry and submitted his report on 11.06.2014 and thereafter the petitioner has also submitted a written explanation on 30.06.2014, this Court deems it fit to issue direction to the respondents. Accordingly, the first respondent is directed to pass final orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar vga To 1.The Principal Secretary to Government, Rural Development & Panchayat Raj Department, Fort St. George, Chennai 600 009.

2.The Director of Rural Development and Panchayat Raj, Chennai 600 015.

+1cc to Mr.G. Bala & Daisy, Advocate, S.R.No.17779 +1cc to the Government Pleader, S.R.No.17762 SR(CO) EU(15/04/2016) W.P.No.10191 of 2016 https://hcservices.ecourts.gov.in/hcservices/