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Madras High CourtWP/7465/2019disposed of

A.Glory Gunaseeli v. The State Of Tamil Nadu

2019-04-12Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12-04-2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7465 of 2019 And W.M.P.Nos.8122 and 8123 of 2019 A.Glory Gunaseeli .. Petitioner Vs.

1.The State of Tamil Nadu, Represented by the Secretary to Government, Social Welfare and Nutritious Meal Programme, Chief Secretariat, St. George Fort, Chennai-600 009.

2.The Commissioner, Commissionerate of Social Defence, 300 Purasawakkam High Road, Kellys, Chennai-600 010.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the second respondent in his proceedings No.3332/A1/2000 dated 8.6.2000 and quash the same. For Petitioner : Mr.N.Balamuralikrishnan For Respondents : Mr.A.N.Thambidurai, Special Government Pleader.

O R D E R

Though the present writ petition is filed challenging the proceedings of the second respondent dated 8.6.2000, which is a charge memo issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, the learned counsel appearing on behalf of the writ petitioner states that the departmental enquiry has already been concluded long back and the authorities are yet to consider the materials available on record and pass final orders in the departmental disciplinary proceedings.

2. It is further submitted by the learned counsel appearing on behalf of the writ petitioner that it is suffice if a direction is issued to the respondents to pass final orders in the departmental disciplinary proceedings. https://hcservices.ecourts.gov.in/hcservices/

3. The Status Report filed by the second respondent also reveals the fact that the departmental enquiry proceedings had already been concluded and the criminal case registered against the writ petitioner was disposed of. In paragraph 23 of the Status Report, it is stated as under:- "In Government Letter No.4605/ SW8 (2)/ 2016-1, dated 1.9.2016 and 28.3.2017, Government has requested to send additional documents, and the same was forwarded to Government vide this office letter No.3332/A1/2000 dated 8.12.2016 and 23.5.2017 respectively. Now the file is under consideration for passing final orders by the Government."

4. In view of the fact that the files are now under consideration before the Government for passing final orders, the respondents are directed to consider the materials available on record and pass final orders in the departmental disciplinary proceedings, within a period of four weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Svn To 1.The Secretary to Government, State of Tamil Nadu, Social Welfare and Nutritious Meal Programme, Chief Secretariat, St. George Fort, Chennai-600 009.

2.The Commissioner, Commissionerate of Social Defence, 300 Purasawakkam High Road, Kellys, Chennai-600 010.

+2ccS to Mr. V.VIJAYASHANKAR, Advocate SR.No. 38120 +1cc to Government Pleader SR.NO. 37737 WP 7465 of 2019 A.SK(03/05/2019) https://hcservices.ecourts.gov.in/hcservices/