P.Mani, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.2406 of 2024 P.Mani .....
Petitioner Vs
1. The Commissioner, Tribunal for Disciplinary Proceedings, Tamil Nadu Agricultural Marketing Committee Building, Ramanathapuram, Coimbatore - 641 045.
2. The Inspector of Police, Vigilance and Anti Corruption, Tiruppur District.
.....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the first respondent inquiry notice in RC No.35/2023/A1 dated 18.01.2024 issued in TDP Case No.2/2023 and quash the same.
For Petitioner : Mr.V.Sivakumar For Respondents : Mr.S.Arumugam Government Advocate
ORDER
This Writ Petition has been filed challenging the enquiry notice in RC No.35/2023/A1, dated 18.01.2024, issued by the first respondent, thereby called upon the petitioner to attend the enquiry for disciplinary proceedings.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner is facing charges for violation of Rule 20(1) of Tamil Nadu Government Servants Conduct Rules, 1973. Now he is facing disciplinary proceedings in TDP Case No.2 of 2023. According to the petitioner, after examination of Investigating Officer, now the prosecution want to examine the other witnesses. However, there is no bar for the prosecution agency to examine the other witnesses, after examination of Investigating Officer under the law.
4. That apart, the notice dated 18.01.2024 is only summoning to attend the enquiry in connection with the disciplinary proceedings to be held on 06.02.2024. This Court finds no infirmity or illegality in the notice dated 18.01.2024 issued by the first respondent. Hence, this Writ Petition is devoid
of merits and it is liable to be dismissed.
5. Accordingly, this Writ Petition stands dismissed. However, the first respondent is directed to complete the disciplinary proceedings within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the enquiry. Consequently, connected miscellaneous petition is closed. No costs.
02.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To
1. The Commissioner, Tribunal for Disciplinary Proceedings, Tamil Nadu Agricultural Marketing Committee Building, Ramanathapuram, Coimbatore - 641 045.
2. The Inspector of Police, Vigilance and Anti Corruption, Tiruppur District.
G.K.ILANTHIRAIYAN. J,
Lpp 02.02.2024