P.Ramesh Babu v. The Agricultural Production Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.4099 of 2020 P.Ramesh Babu Petitioner vs.
1. The Agricultural Production Commissioner, and the Principal Secretary, Govt. of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The Chief Engineer, Agricultural Engineering Department, Nandanam, Chennai - 600 035.
3. The Commissioner for Disciplinary Proceedings, Coimbatore.
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of petitioner representation dated 26.08.2019 within a specified period.
For Petitioner : Mr.V.Bhiman For Respondents: Mr.P.V.Selvakumar Additional Government Pleader
O R D E R
This writ petition has been filed for issuance of a writ of mandamus directing the 1st respondent to dispose of the representation dated 26.08.2019 made by the petitioner within the time stipulated by this Court.
2.The case of the petitioner is that he was working in the Agricultural Department and some irregularities were found by the Vigilance Department. The enquiry was thereafter transferred to the Department of Vigilance and Anti-corruption and the disciplinary proceedings were conducted by the 3rd respondent. Apart from the petitioner there were five other persons who were
shown as delinquent employees. The enquiry was conducted and the petitioner has also given his explanation. The 3rd respondent came to a conclusion that the charges against the petitioner have been partly proved. This report was sent to the petitioner and he was directed to submit his explanation. In the meantime, one other delinquent employee had made a representation to the respondents where he agreed for a certain sum of money to be deducted from his pension every month. Accepting the said request, an order was passed by the 1st respondent on 12.07.2019 and he was relieved from the case. The petitioner is also willing to make the same plea before the 1st respondent and he wants to be treated in the same manner. The petitioner had made a representation in this regard to the 1st respondent on 26.08.2019. Since, the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.
3.Heard Mr.V.Bhiman, learned counsel appearing on behalf of the petitioner and Mr.P.V.Selvakumar, learned Additional Government Pleader appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 26.08.2019 on its own merits and pass appropriate orders, within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with a copy of the representation dated 26.08.2019 and a copy of this order. 5.This writ petition is disposed of with the above directions. No Costs.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar ssr To
1. The Agricultural Production Commissioner and the Principal Secretary, Govt. of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The Chief Engineer, Agricultural Engineering Department, Nandanam, Chennai - 600 035.
3. The Commissioner for Disciplinary Proceedings, Coimbatore.
4. The Public Prosecutor, High Court, Madras.
+1 CC to Mr.V.Bhiman, Advocate sr 14712.
+1 CC to Govt. Pleader sr 15116.
W.P No.4099 of 2020 RR(CO) SP(05/03/2020)