R.Sudhakar, v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.02.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4770 of 2018 and WMP.No.5899 of 2018 Mr. R.Sudhakar ..Petitioner vs

1. The District Collector Cum Inspector of Panchayat Nagapatnam District.

2. The Rural Development Officer Kuttalam, Nagapattinam District. .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus or any other writ or direction in the nature of Writ of Certiorarified mandamus to call for the records of the impugned proceeding of the 1st respondent dated 28.01.2018 bearing Na.Ka.No.126/C/t.8/2018 and quash the same and further issue necessary direction to the 1st respondent to reinstate the petitioner into service as Secretary at Muthur Town Panchayat in pursuant to the petitioner's representation dated 02.02.2018. For Petitioner : Mr. A. Prabhakaran For Respondent : Mr. A.N.Thambidurai, Spl. Government Pleader for R1 & R2

O R D E R

The learned counsel for the writ petitioner fairly made a submission that during the pendency of the writ petition, a charge memo has been served to the writ petitioner and the writ petitioner also submitted his explanation with reference to the charges set out in the charge memorandum . Thus, learned counsel for the writ petitioner states that it is suffice, if a direction is issued to conclude the proceedings as early as possible.

2. This court is of an opinion that the disciplinary proceedings initiated against public servant must be complied https://hcservices.ecourts.gov.in/hcservices/

within a reasonable period of time, undue delay without reason would cause prejudice to the interest of the employee.

3. Despite other service benefits, this being the consequence, long Pending of disciplinary proceedings will affect the service rights and the employee facing disciplinary proceedings. Employees are not entitled to get promotion so as to other serve benefits. This being the consequence of the pendency of the disciplinary proceedings, the authority competent must ensure that such disciplinary proceedings are concluded within a reasonable period of time. The present case on hand already been placed under suspension on 28.10.2018 after the charge memo has been issued.

4. In these circumstances, the respondents are directed to proceed with the disciplinary proceedings and conclude the same and pass orders as expeditious as possible and preferably within a period of 4 (four) months from the date of receipt of a copy of this order.

5. With these observations, the Writ Petition stands disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar mrn/mrm To

1. The District Collector Cum Inspector of Panchayat Nagapatnam District.

2. The Rural Development Officer Kuttalam, Nagapattinam District.

+1cc to Mr.A.Prabakaran, Advocate SR.No.11425 +1cc to Government Pleader SR.No.17807 W.P.No.4770 of 2018 and WMP.No.5899 of 2018 SR(CO) GMY(22/03/2019) https://hcservices.ecourts.gov.in/hcservices/