K.M.P.Bhadragiri v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 15.4.2015.
CORAM
THE HON'BLE MR.JUSTICE T.RAJA W.P.No.10847 of 2015 and M.P.No.1 of 2015 K.M.P.Bhadragiri Petitioner vs.
1 The Managing Director The Tamilnadu Co-operative Milk Producers Federation Ltd.
Aavin Illam Madhavaram Milk Colony Chennai-600 051.
2 The Commissioner Chennai Co-Operative Milk Producers Commission Madhavaram Chennai-600 051.
3 The General Manager Erode District Co-operative Milk Producers Union Ltd.
Vasavi College Post Erode-638 315.
4 The Deputy General Manager (Production) Erode District Co-operative Milk Producers Union Ltd.
Vasavi College Post Erode-638 315.
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 3rd respondent to conclude and pass final order in the departmental proceedings relating to Na.Ka.No.8916A/2013/Pa & Nir/E4 and consequentially disburse the retirement benefits to and in favour of the petitioner by considering the petitioner's reply and representation dated 21.01.2015 and 13.03.2015.
For Petitioner : Mr.R.Marudhachalamurthy For RR1, 3 and 4 : Mr.T.K.Ashok Kumar For R2 : Mr.D.Venkatachalam, Govt. Advocate
ORDER
The writ petition has been filed by Mr.K.M.P.Bhadragiri seeking a limited prayer of issuance of a writ of mandamus to direct the third respondent General Manager, Erode District Co-operative Milk Producers Union Ltd to pass final order so that the petitioner's retirement benefits could be disbursed at an early date.
2. The petitioner was proceeded departmentally by the third respondent for various allegations. Finally, the domestic enquiry was completed on the submission of the report of the enquiry officer on 17.8.2014. In the meanwhile, the petitioner was allowed to retire from service on reaching the age of superannuation on 30.4.2014 without prejudice to the outcome of the disciplinary action initiated against the petitioner. Therefore, the grievance of the petitioner is that after completion of the departmental proceedings when the enquiry officer has submitted a report on 17.8.2014, the second show cause notice was issued on 13.1.2015 for which the petitioner also submitted representation on 21.1.2015, followed by another representation dated 13.3.2015 but, till date, no final order has been passed and on this score, the petitioner sought for a simple direction directing the third respondent to pass final order.
3. Heard Mr.R.Marudhachalamurthy, learned counsel for the petitioner, Mr.T.K.Ashokkumar, who accepts notice for respondents 1 to 3 and Mr.D.Venkatachalam, learned Government Advocate, who accepts notice for the second respondent.
4. As the petitioner, against whom departmental proceedings were initiated, was allowed to retire from service on attaining the age of superannuation on 30.4.2014, this court keeping in mind that the petitioner also has submitted his second representation dated 13.3.2015 to the report of the enquiry officer, the third respondent is hereby directed to pass final orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order.
5. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.
ssk.
-s/d- Assistant Registrar( ) True Copy Sub-Assistant Registrar
To 1 The Managing Director The Tamilnadu Co-operative Milk Producers Federation Ltd.
Aavin Illam Madhavaram Milk Colony Chennai-600 051.
2 The Commissioner Chennai Co-Operative Milk Producers Commission Madhavaram Chennai-600 051.
3 The General Manager Erode District Co-operative Milk Producers Union Ltd.
Vasavi College Post Erode-638 315.
4 The Deputy General Manager (Production) Erode District Co-operative Milk Producers Union Ltd.
Vasavi College Post Erode-638 315.
+ 1 cc to Mr.R.Marudhachalamurthy, Advocate SR 20758 + 1 cc to Mr.T.K.Ashok Kumar, Advocate sR 20620 + 1 cc to Government Pleader, SR 20616 cnr(co) prk20.4 W.P.No.10847 of 2015