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Madras High CourtWP/3613/2020disposed of

Dr.S.Arunkumar, v. The Secretary,

2020-02-14Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 14.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.3613 of 2020 Dr.S.Arunkumar

...Petitioner

Vs 1.The Secretary, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 600009.

2.Directorate of Public Health and Preventive Medicine, 359, Anna Salai, DMS Complex, Teynampet, Chennai - 600006.

3.The Deputy Director of Health Service, Collectrate Campus, Salem - 636001.

4.Inquire Officer/Administrative Officer, O/o. The Deputy Director of Health Service, Collectrate Campus, Salem - 636001.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to complete the disciplinary proceedings initiated by the 3rd respondent against the petitioner in proceeding R.No.12283/E1/2013 dated 24.12.2013 and pass final order within the time frame fixed by this Court.

For Petitioner : Mr.A.Saravanan For Respondents: Mr.K.Parameswaran Government Advocate

O R D E R

This writ petition has been filed for the issue of writ of mandamus, directing the respondents to complete the disciplinary proceedings that has been initiated by the third respondent against the petitioner in the year 2013.

2.The case of the petitioner is that he was working in the Government Primary Health Center at Moolakadai. He applied for leave and he extended the same. The third respondent initiated disciplinary proceedings against the petitioner on the ground of unauthorised absence. The grievance of the petitioner is that an Enquiry Officer was appointed in the year 2014 and the petitioner also participated in the enquiry and from then on, there is absolutely no progress in the disciplinary proceedings and it is kept pending till date. The petitioner had also sent a representation in this regard and the same was also not considered. Left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions.

3.Heard Mr.A.Saravanan, learned counsel appearing for the petitioner and Mr.K.Parameswaran, learned Government Advocate appearing for the respondents.

4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall a direction to the third respondent to complete the disciplinary proceedings against the petitioner and pass final orders, within a period of 6 weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the third respondent along with a copy of this order. 5.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar hvk To 1.The Secretary, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 600009.

2.Directorate of Public Health and Preventive Medicine, 359, Anna Salai, DMS Complex, Teynampet, Chennai - 600006.

3.The Deputy Director of Health Service, Collectrate Campus, Salem - 636001.

4.Inquire Officer/Administrative Officer, O/o. The Deputy Director of Health Service, Collectrate Campus, Salem - 636001.

+1cc to Mr.A.Saravanan, Advocate SR.No.12171 +1cc to Government Pleader SR.No.13596 W.P.No.3613 of 2020 AK(CO) GMY(21/02/2020)