N.Nagaraj, v. The Chief Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2018

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.658 of 2018 and WMP.Nos.815 and 816 of 2018 N.Nagaraj ... Petitioner Vs.

The Chief Executive Officer, T.N.Khadi & Village Industrial Board, Kuralagam, Chennai-108.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the respondent in connection with the impugned order passed in RC No.10749/E3(3)/2017 dated 29.11.2017 and RC No.10749/E3(3)/2017 dated 29.11.2017 and quash the same and direct the respondent to superannuate the petitioner from service and grant him all consequential service, monetary and retiral benefits within a reasonable time.

For Petitioner : Mr.M.Muthappan For Respondent : Mr.S.K.Bose, Standing Counsel

O R D E R

This Writ Petition has been directed against the impugned order of the respondent dated 29.11.2017, in and by which the petitioner was placed under suspension just one day before his date of attaining superannuation on 30.11.2017. The impugned order of suspension was passed under Sub Rule 31(a)(i) and (f) of the Tamil Nadu Khadi and Village Industries Board's Service Regulations on the ground that the petitioner has caused huge loss to the Society, as revealed by the enquiry conducted by the Directorate of Vigilance and Anti-Corruption. Yet another order dated 29.11.2017 was passed, not allowing the petitioner to retire on account of pending enquiry.

2. Though learned counsel for the petitioner attempted to argue on the larger issue before this Court with reference to petitioner's non-involvement, those issues/points are to be agitated before the Enquiry Officer and therefore, restricted his prayer for expeditious conclusion of enquiry within a period of six months.

3. Mr.S.K.Bose, learned Standing Counsel, who takes notice for the respondent, sought for six months time to conclude the https://hcservices.ecourts.gov.in/hcservices/

enquiry.

4. Considering the restricted prayer sought for, this Court directs the disciplinary authority to give expeditious disposal to the pending enquiry, keeping in mind that the petitioner has already attained the age of superannuation and pass final orders within a period of six months from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar jvm To The Chief Executive Officer, T.N.Khadi & Village Industrial Board, Kuralagam, Chennai-108.

+1cc to Mr.M.Muthappan, Advocate Sr.No.3079 +1cc to Mr.S.K.Bose, Advocate sR.No.2440 SR(co) sm:7.2.2018 W.P.No.658 of 2018 https://hcservices.ecourts.gov.in/hcservices/