J. Subbulakshmi v. The Tribunal For Disciplinary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.6494 of 2009 and M.P.Nos.1 of 2009, 1 of 2011 and W.M.P.No.37279 of 2017 and W.P.No.29871 of 2008 and M.P.No.1 of 2008 W.P.No.6494 of 2009:

J.Subbulakshmi ... Petitioner Vs

1. The Tribunal for Disciplinary Proceedings 5/1842-A, Trichy Road, Market Committee Complex, Ramanathapuram, Coimbatore-641 045.

2. The Director of Social Welfare, Chepauk, Chennai-600 005.

.. Respondents W.P.No.29871 of 2008:

J.Subbulakshmi ... Petitioner Vs The Director of Social Welfare, Chepauk, Chennai-600 005.

.. Respondent W.P.No.6494 of 2009 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first respondent to keep the disciplinary proceedings pending against the petitioner in TDP Case No.32/2008 in abeyance till the disposal of the criminal case instituted against the petitioner in Cr.No.1/AC/2006/SL by the Inspector of Police, Vigilance & Anti Corruption, Salem and now pending before the Chief Judicial Magistrate and Special Judge, Salem.

W.P.No.29871 of 2008 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to keep the disciplinary proceedings pursuant to the charge memo issued by the respondent

in Rc.No.6265/Admn 5-1/2006 (1) dated 25.02.2008 in abeyance till the disposal of the criminal case instituted against the petitioner in Cr.No.1/AC/2006/SL by the Inspector of Police, Vigilance & Anti Corruption, Salem and now pending before the Chief Judicial Magistrate and Special Judge, Salem. For Petitioner : Mr.P.Rajendran in both W.Ps.

For Respondents : Mr.J.Ramesh, in both W.Ps.

Additional Govt.Pleader for R2 in W.P.No.6494 of 2009 and for respondent in W.P.No.29871/2008 COMMON ORDER The prayer in these writ petitions is for a direction to the respondents to keep the disciplinary proceedings pending against the petitioners, till the disposal of the respective criminal cases pending against them before the Chief Judicial Magistrate and Special Judge, Salem.

2.These writ petitions were filed in the years 2009 and 2008 respectively and an order of interim injunction was granted in both these writ petitions during admission and thereafter the matter has been kept pending. At this length of time, this Court is of the view that there is no purpose in keeping these writ petitions pending. Further, the learned counsel for the petitioners submit that he is unable to get instructions from the petitioners.

3.In these circumstances, a direction is issued to the respondents to complete the departmental enquiry initiated against the petitioners, if the same is not completed, within a period of three weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar KM

To

1. The Tribunal for Disciplinary Proceedings 5/1842-A, Trichy Road, Market Committee Complex, Ramanathapuram, Coimbatore-641 045.

2. The Director of Social Welfare, Chepauk, Chennai-600 005.

+1cc to the Government Pleader, S.R.No.1470 W.P.No.6494 of 2009 and M.P.Nos.1 of 2009, 1 of 2011 and W.M.P.No.37279 of 2017 and W.P.No.29871 of 2008 and M.P.No.1 of 2008 SPD(CO) CS/11/02/2019