S.Prabhu v. The Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2016 C O R A M THE HON'BLE DR.JUSTICE S.VIMALA Writ Petition No. 17351 of 2016 and W.M.P.No.14829 of 2016 S.Prabhu ...

Petitioner -Vs1.The Registrar Annamalai University Annamalai Nagar Chidambaram-608 002 Cuddalore District.

2.The Vice Chancellor Annamalai University Annamalai Nagar Chidambaram-608 002 Cuddalore District.

...

Respondents Prayer:- Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to dispose of the petitioner's statutory appeal pending before the 2nd respondent, on merits, within a stipulated time fixed by this Court and to pass further orders as this Court may deem fit and proper in the circumstances of the case.

For petitioner : Mr.P.Eswaran

O R D E R

This Writ Petition has been filed by the petitioner seeking a direction to the 2nd respondent to dispose of the petitioner's statutory appeal, on merits, within a stipulated time frame to be fixed by this Court.

2. Mr.P.Eswaran, the learned counsel for the petitioner, has submitted that he is not able to serve notice on the learned standing counsel for the respondents. Having regard to limited issue involved, the writ petition is taken up for final disposal at the stage of admission itself.

3. On a perusal of the materials available on record, it is seen that a statutory appeal has been filed in the month of March, 2016. A copy of the appeal is also enclosed in the typedset-of-papers. Now, the grievance of the petitioner is that the appeal has been pending before the 2nd respondent for quite a long time and hence, seeking direction to the 2nd respondent to dispose of the petitioner's statutory appeal, this Writ Petition has been filed.

4. The petitioner who is a section officer from 2009 was placed under suspension on 06.04.2015. Based on the enquiry committee report dated 13.07.2015, after issuing show cause notice charges were held proved against him. Subsistence allowance was not paid to him. Necessary documents were not furnished to him. Under such circumstances, the petitioner seeks early disposal of the statutory appeal.

4.1. Having regard to the averments made in the representation of the petitioner, dated 05.12.2015, the second respondent viz., The Vice Chancellor, Annamalai University, Chidambaram, is directed to dispose of the statutory appeal filed by the petitioner/appellant, dated 21.03.2016, on merits and in accordance with law, as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar paa/nvi/arr

To 1.The Registrar Annamalai University Annamalai Nagar Chidambaram-608 002 Cuddalore District.

2.The Vice Chancellor Annamalai University Annamalai Nagar Chidambaram-608 002 Cuddalore District.

+1cc to Mr.S. Sithirai Anandam, Advocate, S.R.No.28121 LRS(CO) EU(06/05/2016) Writ Petition No. 17351 of 2016 and W.M.P.No.14829 of 2016