R.Kuppuraj v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2019

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.2732 of 2019 R.Kuppuraj ....Petitioner Vs 1.The Principal Secretary to Government Labour and Employment Department Secretariat, Fort St.George, Chennai-9.

2.The Director, Department of Employment and Training, Directorate, Guindy, Chennai-32.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondents herein to finalize the disciplinary proceedings initiated against the petitioner in charge memo Na.Ka.No.42419/AP2/2014 dated 17.04.2015 and upon due and proper consideration of the petitioner's explanations and further representation to pass final orders on Government Letter No.4638/PP1/2015-7 dated 18.01.2018 within a limited time frame well prior to the date of retirement of the petitioner dated 31.05.2019 and pass such further or other orders. For Petitioner :

Mr.M.Ravi For Respondent :

Mr.A.N.Thambidurai, Special Government Pleader

O R D E R

The petitioner was issued with a charge memo on 17.04.2015 and thereafter enquiry was conducted on the alleged delinquency. A show cause notice was issued calling for explanation and the petitioner has submitted his explanation. The enquiry officer has submitted his report on 18.01.2018, but thereafter no orders are passed. Aggrieved against the pendency of disciplinary proceedings, the petitioner made a representation to the respondents 06.06.2018, which was not considered. Hence, the petitioner has filed the present writ petition. Learned counsel for the petitioner submits that the petitioner is due to retire on 31.05.2019 and hence he seeks appropriate relief . https://hcservices.ecourts.gov.in/hcservices/

2. Mr.A.N.Thambidurai, learned Special Government Pleader takes notice on behalf of the respondents and submits that the representation of the petitioner would be considered on merits and in accordance with law, within the time stipulated by this Court.

3. Considering the facts and circumstances of the case, without going into the merits of the matter, the respondents are directed to consider the representation of the petitioner dated 06.06.2018 and complete the disciplinary proceedings, and pass orders after affording an opportunity of personal hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of in the above terms. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kst To 1.The Principal Secretary to Government Labour and Employment Department Secretariat, Fort St.George, Chennai-9.

2.The Director, Department of Employment and Training, Directorate, Guindy, Chennai-32.

+1cc to Mr.M.Ravi, Advocate, S.R.No.8221 +1cc to the Government Pleader, S.R.No.8784 W.P.No.2732 of 2019 RGN(CO) rrs 06/03/2019 https://hcservices.ecourts.gov.in/hcservices/