V.Mohan v. The Government Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Mohan ... Petitioner -Vs1. The Government Secretary, Revenue and Disaster Management Department, St.George Fort, Secretariat, Chennai - 600 009.

2. The District Collector, O/o. Collector Office, Thiruvannamalai District.

3. The Enquiry Officer / The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Arni, Thiruvannamalai District.

4. Bhuvaneshwari ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take suitable disciplinary action as against the 4th respondent herein pursuant to the proceedings in Na.Ka.A1/1027391/2023 dated 18.08.2023 passed by the second respondent and proceedings in Na.Ka.A1/4306/2023 passed by third respondent 18.11.2023 as expeditiously as possible.

For Petitioner : Mr.A.Rajeshkanna

For R1 to R3 : Mr.R.Vigneswaran Government Advocate

ORDER

This writ petition has been filed for direction directing the respondents 1 to 3 to take suitable disciplinary action as against the 4th respondent herein pursuant to the proceedings in Na.Ka.A1/1027391/2023 dated 18.08.2023 passed by the second respondent and proceedings in Na.Ka.A1/4306/2023 passed by third respondent 18.11.2023 as expeditiously as possible.

2. Heard the learned counsel on either side and perused the materials available on record.

3. On the complaint lodged by the petitioner, FIR has been registered as against the fourth respondent and her family members by the Inspector of Police, Kalasapakkam Police Station in Crime No.226 of 2023. Pursuant to the registration of FIR, the petitioner submitted a representation seeking to take appropriate departmental action as against the fourth respondent. On receipt of the same, the second respondent directed the third respondent to conduct an enquiry and submit a report. As instructed by the second respondent, the third respondent issued summons to the petitioner as well as the fourth respondent for

the enquiry to be conducted on 06.12.2023. However, on that day, no enquiry was conducted and as such, the petitioner approached this Court.

4. Considering the above, the third respondent is directed to issue fresh summons to the petitioner as well as the fourth respondent and conduct enquiry and submit a report as directed by the second respondent, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

07.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Government Secretary, Revenue and Disaster Management Department, St.George Fort, Secretariat, Chennai - 600 009.

2. The District Collector, O/o. Collector Office, Thiruvannamalai District.

3. The Enquiry Officer / The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Arni, Thiruvannamalai District.

07.03.2024