Madras High CourtWP/8590/2017disposed of

S.Natarajan, v. The District Collector

2017-04-11Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8590 of 2017 S.Natarajan ..

Petitioner -vsThe District Collector Thiruvallur District Thiruvallur ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to conduct and complete the enquiry pursuant to the charge memo in Na.Ka. No.21746/2012/P.D.1 dated 01.02.2013 within a time limit fixed by this Hon'ble Court. For Petitioner :: Mr.S.C.Vishwanth For Respondent :: Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

This writ petition has been filed seeking issuance of a mandamus directing the respondent to complete the pending departmental proceeding initiated against the petitioner, on the basis of the charge memo bearing Na.Ka.No.21746/2012/P.D.1 dated 1.2.2013, within a stipulated time as may be fixed by this Hon'ble Court.

2. Learned counsel for the petitioner submitted that after receiving the charge memo dated 1.2.2013 raising some allegations against the petitioner, he has given a suitable reply on 15.3.2013. Since then, he has been waiting for appointment of an enquiry officer to prove his innocence. But till date, the respondent has not come forward either to appoint an enquiry officer or to complete the departmental proceedings.

3. It is at this stage the learned Special Government Pleader, taking notice on behalf of the respondent, sought time to complete the entire exercise within a period of six months.

4. Recording his statement, this Court also feels that when the petitioner was issued with the charge memo on 1.2.2013, for which the petitioner had also given his reply expeditiously on https://hcservices.ecourts.gov.in/hcservices/

15.3.2013, the respondent ought not to have kept the disciplinary proceeding in cold storage without even appointing an enquiry officer. Therefore, the disciplinary authority is hereby directed to appoint the enquiry officer forthwith and then the entire disciplinary proceedings should be completed by passing final orders within a period of six months from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To

1. The District Collector Thiruvallur District Thiruvallur +1 cc to Mr.S.C.Viswanath,advocate,sr.22029 +1 cc to Govt.Pleader,sr.22083 kgk(co) krd 24/4 W.P.No.8590 of 2017 https://hcservices.ecourts.gov.in/hcservices/