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Madras High CourtWP/5522/2020disposed of

A.Krishnamoorthi, v. The Agircultural Production Commissioner,

2020-03-03Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2020

CORAM

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.No.5522 of 2020 A.Krishnamoorthi ... Petitioner Vs.

The Agricultural Production Commissioner, and Principal Secretary to Government, Secretariat, Fort St.George, Chennai.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to pass final orders in T.D.P.No.16 of 2011 in accordance with law, insofar as the petitioner is concerned, as sought vide representation dated 26.08.2019.

For Petitioner :

Mr.R.T.Doraisamy For Respondent :

Mr.J.Pothiraj Special Government Pleader

ORDER

The writ petition has been filed to direct the respondent to pass final orders in T.D.P.No.16 of 2011 in accordance with law, insofar as the petitioner is concerned, as sought vide representation dated 26.08.2019.

2.

According to the petitioner, the disciplinary proceedings were initiated against the petitioner and others during 2003-2004, alleging that, he along with others have not properly implemented sprinkler irrigation system in the lands of the farmers and thereby caused financial loss to the Government. The Tribunal, for the disciplinary proceedings in T.D.P.No.16 of 2011, concluded the enquiry on 11.01.2019 and forwarded the enquiry proceedings to the respondent.

3.

Further, according to the petitioner, one other delinquent viz., Mr.P.Jayakumar, who was also tried along with the petitioner, in whose case, final order was passed on https://hcservices.ecourts.gov.in/hcservices/

12.07.2019 vide G.O.MS. (3D) No.106, Agriculture Department. However, in respect of the petitioner herein, no final order has been passed.

4.

The learned counsel for the petitioner would also submit that yet another employer S.Chandrasekar, who was proceeded along with the petitioner herein in T.D.P.No.16 of 2011, has approached this Court in W.P.No.27526 of 2019 and this Court vide order dated 17.09.2019, has allowed similar prayer and directed the respondent to conclude the disciplinary proceedings and pass final orders within a period of four weeks from the date of receipt of a copy of the order. He would therefore submit that, this Court may issue similar directions. 5.

Mr.J.Pothiraj, Special Government Pleader, takes notice for the respondent.

6.

Since the prayer in this writ petition is of limited scope, the respondent herein ought to be directed to pass final order in the disciplinary proceedings pending against the petitioner.

Resultantly, this writ petition is disposed of at the time of admission itself. The respondent is hereby directed to pass final orders in respect of the disciplinary proceedings initiated against the petitioner in T.D.P.No.16 of 2011 within a period of four weeks from the date of receipt of a copy of this order, on merits and in accordance with law. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar nsd To The Agricultural Production Commissioner, and Principal Secretary to Government, Secretariat, Fort St.George, Chennai.

+1 cc to Government Pleader Sr.No. 19260 +1cc to Mr.R.T.Doraisamy , Advocate SR.No. 18540 W.P.No.5522 of 2020 A.SK(05/03/2020) https://hcservices.ecourts.gov.in/hcservices/