A.Sethu Ravanth v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.10.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4036 of 2014 and M.P.No.1 of 2014 A.Sethu Ravanth ..Petitioner vs 1.The State of Tamil Nadu Rep.by Secretary to Government, Municipal Administration & Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

.. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings of the 2nd respondent in ROC.No.7361/F1/2013-1, dated 20.12.2013 and quash the same.

For Petitioner : Mr.V.S.Manimekalai For Respondents: Mrs.K.Bhuvaneswari Government Advocate

O R D E R

A charge memo issued by the second Respondent in proceedings dated 20.12.2013, is under challenge in this writ petition. 2.Ms.V.S.Manimekalai, learned counsel appearing for the writ petitioner made a submission that the writ petitioner was initially appointed as Overseer in the Thiruvallur Municipality on 20.03.1975 and his services were regularised from the date of initial appointment. The petitioner was promoted to the posts of Municipal Engineer, Assistant Executive Engineer and Executive Engineer and he was allowed to retire from the service on 31.12.2013 on attaining the age of superannuation, without prejudice to the disciplinary proceedings initiated against the writ petitioner in the charge memo dated 20.12.2013.

3.However, the learned counsel further states that during the pendency of the writ petition the enquiry proceedings were conducted and the writ petitioner also had participated in the process of enquiry. The enquiry officer concluded the proceedings and there is a proposal by the disciplinary authority to drop the charges. Thus, the other grounds raised in the writ petition need no further consideration, in view of the fact that a proposal has been submitted to drop the charges against the writ petitioner.

4.In this view of the matter the respondents are directed to consider the materials available on record and pass final orders in the disciplinary proceedings on merits and in accordance with the law, within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly this petition stands disposed of. Consequently connected miscellaneous petition is closed. However, there shall be no order as to costs. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ms To 1.The Secretary to Government, The State of Tamil Nadu, Municipal Administration & Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Municipal Administration, Chepauk, Chennai - 600 005.

+1 cc to Mr.V.Selvaraj Advocate sr73655 +1 cc to the Govt Pleader sr 74447 W.P.No.4036 of 2014 rk(co) aa13/11/2017