N.Nachimuthu v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.23180 of 2017 N.Nachimuthu ..Petitioner Vs The Principal Secretary to Government Home (Police - 2) Department Secretariat, Chennai 600 009.

.. Respondent PRAYER : Petitions filed Under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent herein to pass final orders on the 17(b) charge formulated in P.R.No./01/EOW/2015 u/r 17(b) dated 21.01.2016 against the petitioner within a stipulated time as deemed fit and proper by this Hon'ble Court.

For Petitioner : Mrs.Sudha Ravi For Respondent : Mr.K.Dhananjayan Special Government Pleader

O R D E R

The relief sought for in this writ petition is to conclude the Discipline any proceedings initiated against the writ petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules in proceedings dated 21.01.2016.

2. The learned counsel appearing for the writ petitioner would submit that the petitioner is now working as Deputy Superintendent of Police and he was not allowed to retire from service on attaining the age of superannuation on 31.01.2016, on account of the pendancy of disciplinary proceedings against him. The learned counsel states that the enquiry proceedings were completed and the enquiry officer had also submitted his report and the same was forwarded to the first respondent for further consideration. Thus, the first respondent has to consider the materials available on record and pass final orders in the disciplinary proceedings. Further, the writ petitioner was not allowed to retire on 31.06.2016 and therefore, he is unable to get terminal and pensionary benefits for the past more than 1 1/2 years.

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3. In this view of the matter, the first respondent is directed to pass final orders in the disciplinary proceedings initiated against the writ petitioner in P.R.No./01/EOW/2015 u/r 17(b) dated 21.01.2016, within a period of eight weeks from the date of receipt of a copy of the order.

4. Accordingly, the writ petition stands disposed of. However, no order as to costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar dna To The Principal Secretary to Government Home (Police - 2) Department Secretariat, Chennai 600 009.

+1 cc to Mr.Ravishanmugam Advocate sr 62272 +1 cc to the Govt Pleader sr 62836 W.P.No.23180 of 2017 nm(co) aa09/10/2017 https://hcservices.ecourts.gov.in/hcservices/