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Madras High CourtWP/11095/2017disposed of

P.V.Rajeswari v. The Chairman Cum Managing

2017-04-28Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T. RAJA W.P. No.11095 of 2017 P.V. Rajeswari (Employee No.6624) ... Petitioner -vs1. The Chairman-cum-Managing Director,

2. The Secretary-cum-General Manager, ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to conclude and pass final order in the disciplinary proceedings initiated against the petitioner in pursuance of charge memo No.26958/Estt(DP)/A1/2013-2 dated 11.10.2013 within a stipulated time.

For Petitioner :

Mr. M. Muthappan For Respondents :

Mrs. S. Thamizharasi

O R D E R

The petitioner has come to this Court seeking a direction to the respondents to conclude and pass final orders in the disciplinary proceedings initiated against her in pursuance of charge memo No.26958/Estt(DP)/A1/2013-2 dated 11.10.2013 within a stipulated time.

2.The case of the petitioner is that she was due for promotion as Special Grade Senior Draughting Officer and she was denied the same on the ground that she was facing a disciplinary proceeding under Regulation 9(B) of the Tamil Nade Water Supply and Drainage Board Employees (D&A) Regulations, 1972. She was issued with a charge memo containing two charges under the said Regulation. However, the Chief Engineer, Tamil Nade Water Supply and Drainage Board, Coimbatore was appointed as Enquiry Officer and he has submitted a report to the Chairman-cum-Managing

Director, Tamil Nadu Water Supply and Drainage Board, the first respondent herein. As she is due for superannuation on 31.07.2017 and no final order has been passed till date, she is before this Court seeking the above direction. 3.Learned counsel for the petitioner would submit that a direction may be given to the respondents to pass final orders on the pending disciplinary proceedings.

4.Learned Standing Counsel appearing for the respondents sought three months time to pass final orders on the pending disciplinary proceedings.

5.As it is stated that though the enquiry officer completed his enquiry, has not submitted his report, this Court deems it fit to grant three months time to pass final orders on the pending disciplinary proceedings.

6.It is needless to mention that the petitioner shall be furnished with a copy of the enquiry report, to be submitted by the enquiry officer, along with the second show cause notice calling upon the petitioner to submit her explanation before the disciplinary authority within a period of three weeks from the date of receipt of a copy of this order and the disciplinary authority shall pass final orders on the pending disciplinary proceedings, on merits and in accordance with law within a period of three months thereafter.

7.With the above direction, this writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vga To

1. The Chairman-cum-Managing Director,

2. The Secretary-cum-General Manager, +1cc to Mr.M. Muthappan, Advocate Sr. 26299 W.P. No.11095 of 2017 SV(CO) VR(23/5/2017)