R.Velusamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.03.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7631 of 2019 R.Velusamy ..Petitioner vs

1. The Inspector of Police Vigilance & Anti Corruption, Coimbatore.

2. The Commissioner, Tribunal for Disciplinary Proceedings, Office of the Disciplinary Proceedings, Ramanathapuram, Coimbatore - 45.

3. The Director, Vigilance & Anti Corruption, Madras. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to bring the witness and complete the prosecution side of evidence and also direct the 2nd respondent to complete the proceedings in TDP Case No.27 of 2012 within a period as stipulated by this Honourable Court. For Petitioner : Mr.V.Sivakumar For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

The relief sought for in the present writ petition is for a direction to direct the 1st respondent to bring the witness and complete the prosecution side of evidence and also direct the 2nd respondent to complete the proceedings in TDP Case No.27 of 2012 within a period as stipulated.

2.The learned counsel for the writ petitioner states that the writ petitioner is an Accused Officer in TDP Case No.27 of 2012, now pending before the Commissioner, Tribunal for disciplinary proceedings, Ramanathapuram, Coimbatore-45. 3.The grievances of the writ petitioner is that though the case was transferred by the Department by the Tribunal for long back. It is kept pending for long years. On account of the pendency of the disciplinary proceedings, the writ petitioner is unable to get his service benefits including promotion and other consequential benefits. Thus, the writ petitioner is constrained to move the present writ petition.

4.The learned Special Government Pleader appearing on behalf of the respondents states that the officer, who is present before this Court, informed that, already 4 witnesses were examined and few more witnesses are to be examined for concluding the proceedings. The Tribunal will take effort to conclude the same as expeditiously as possible and submit a report without any further lapse of time.

5.This being the submission made by the learned Special Government Pleader, this Court is of an opinion that the writ petition deserves to be considered. Accordingly, the 2nd respondent is directed to proceed with the enquiry by affording opportunity to the writ petitioner and conclude the same as expeditiously as possibly within a period of three months from the date of receipt of a copy of this order and submit the final report to the competent disciplinary authority, enabling the authority to proceed further on merits and in accordance with law.

6.With this direction, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak

To

1. The Inspector of Police Vigilance & Anti Corruption, Coimbatore.

2. The Commissioner, Tribunal for Disciplinary Proceedings, Office of the Disciplinary Proceedings, Ramanathapuram, Coimbatore - 45.

3. The Director, Vigilance & Anti Corruption, Madras.

+1 cc to Mr.V.Sivakumar, Advocate, S.R.No.25367 +1 cc to the Government Pleader, S.R.No.25695 W.P.No.7631 of 2019 SR(CO) SSM(22/04/2019)