V.Kumar, S/O.A.Vadivelu, v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.3106 of 2017 V.Kumar .. Petitioner Vs
1. Government of Tamil Nadu, Represented by Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.
2. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
3. The Commissioner for Disciplinary Proceedings, Tribunal for Disciplinary Proceedings, Chennai, Kuralagam, Chennai - 600 014.
.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 1st respondent herein to finalise the Tribunal for Disciplinary Proceedings in case No.19/2012-A1/920/2012 dated 09.09.2014 pending against the petitioner by duly affording proper opportunity to the petitioner and to pass final orders thereon, within limited time frame as deem fit by this Hon'ble Court.
For Petitioner : Mr.M.Ravi For Respondents : Mr.P.Sanjai Gandhi, Additional Government Pleader for R1 and R3 Mr.G.Anantharangan for R2
ORDER
By consent, the writ petition is taken up for final disposal. Mr.P.Sanjai Gandhi, learned Additional Government Pleader accepts notice for 1st and 3rd respondents and
Mr.G.Anantharangan, learned Standing counsel accepts notice on behalf of the 2nd respondent.
2. The petitioner, while employed as Junior Engineer in the service of the 2nd respondent was visited with disciplinary proceedings in TDP No.19 of 2012 and though the proceedings have been concluded, so far no orders have been passed. It is the further submitted that the petitioner was also issued with a charge memo by the 2nd respondent vide proceedings dated 12.08.2015 and the charges framed against the petitioner came to be dropped.
3. Learned counsel for the petitioner would submit that though enquiry proceedings are over before the 3rd respondent, the result of the said proceedings is yet to be made known to the petitioner and as a consequence, he is deprived of the service and other benefits and therefore, came forward to file this writ petition.
4. Heard the submission of Mr.P.Sanjai Gandhi, learned Additional Government Pleader appearing for 1st and 3rd respondents and Mr.G.Anantharangan, learned Standing counsel for the 2nd respondent.
5. This Court, taking into consideration, the limited scope of the prayer sought for by the petitioner, directs the (*)2nd respondent to pass final orders in disciplinary proceedings (**)initiated against the petitioner in TDP case No.19 of 2012 on merits and in accordance with law as expeditiously as possible and not later than ten weeks form the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs.
(**)Sd/- Assistant Registrar (CS-III) Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar (*) Corrected as per order dt.22/02.2017 and made in WP.3106/2017 *Corrected as per order dated 10/03/2017 and made herein.
vsi To
1. The Principal Secretary to To be Substituted Government, Municipal Administration to this order and Water Supply Department, already despatched Secretariat, on 13.02.2017 & 2.3.2017 Chennai - 600 009.
2. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
3. The Commissioner for Disciplinary Proceedings, Tribunal for Disciplinary Proceedings, Chennai, Kuralagam,Chennai - 600 014.
+1 cc to M/s.M.Ravi Advocate sr.15410 +1 cc to Government Pleader sr 8324 +1 cc to M/s.G.Anantharangan Advocate sr 8024 W.P.No.3106 of 2017 sr(co) aa13/02/2017 GN(02/03/2017) md : 13/03/2017