Thiru R John Peter, v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.13968 of 2017 Thiru R.John Peter ..
Petitioner -vs1. The Additional Chief Secretary/ Secretary to Government Commercial Tax and Registration Department Fort St.George Chennai 600 009
2. The Additional Chief Secretary/ Commissioner of Commercial Taxes Ezhilagam, Chepauk Chennai 600 005
3. The Commissioner Tribunal for Disciplinary Proceedings 5/1842-A, Trichy Road Market Committee Complex Ramanathapuram Coimbatore 641 045 .. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the third respondent to conclude the proceedings in TDP Case No.05/2016 within a time frame not exceeding four weeks. For Petitioner :: Mr.Adithya Reddy For Respondents :: Mr.T.M.Pappiah Special Government Pleader for R1 Mr.K.Venkatesh Government Advocate (Taxes) for R2 & 3
ORDER
This writ petition has been filed seeking a direction to the third respondent to conclude the proceedings in TDP Case No.5 of 2016 within a time frame, not exceeding four weeks.
2. The petitioner has been slapped with a charge, which is given as under:- "While you (Accused Officer) Thiru R.John Peter, were working as Commercial Tax Officer, (Group-B), Valparai, Coimbatore District, you (AO) had demanded Rs.3 lakhs as bribe for not imposing penalty Rs.22 lakhs for the discrepancy found in the assessment report submitted by the complainant Thiru M.Venkatesh Babu, S/o S.Murugesan, Human Resources Department Manager, Tea Estate India Limited, No.10, Thambu Nagar, Puliakulam, Coimbatore for the year 2013-2014 and 2014-2015 to four garden bungalows of Tea Estate Company Limited, Valparai. Thus you (AO) had failed to maintain absolute integrity and devotion to duty."
3. As the enquiry has been posted to 8.7.2017 and five witnesses and 17 documents produced on the side of the prosecution are to be examined and considered, this will generally take time depending upon the pendency of the cases on the file of the Tribunal for Disciplinary Proceedings. Therefore, when the petitioner has been charged with a serious allegation and when the petitioner himself is not able to say how many witnesses and documents are going to be produced on his side, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ss To
1. The Additional Chief Secretary/ Secretary to Government Commercial Tax and Registration Department Fort St.George Chennai 600 009
2. The Additional Chief Secretary/ Commissioner of Commercial Taxes Ezhilagam, Chepauk Chennai 600 005
3. The Commissioner Tribunal for Disciplinary Proceedings 5/1842-A, Trichy Road Market Committee Complex Ramanathapuram Coimbatore 641 045 +1cc to Special Government Pleader in sr.no.40225 +1cc to Government Pleader in sr.no.40285 +1cc to Mr.Adithiya Reddy, Advocate in sr.no.40111 W.P.No.13968 of 2017 RR(CO) NR 23/06/2017