The Secretary To Government v. D.Amudha Emily Bai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 2.4.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.685 of 2018 and C.M.P.No.6550 of 2018 1 The Secretary to Government Finance (T & A-1) Department Fort St. George Chennai-600 009 2 The Director of Treasuries and Accounts Saidapet Chennai-600 015 .. Appellants/Respondents

Versus

D.Amudha Emily Bai .. Respondent/Petitioner Prayer:

Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 2.2.2016 passed in W.P.No.3024 of 2016 on the file of this court.

W.P.No.3024 of 2016:- Writ petition is filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 and 2 to pass final orders in the disciplinary proceedings initiated against the petition in Memo No.Na.Ka.No. 25426/2010/Q3/7 dated 31.12.2010 within a reasonable time For appellants : Mr.P.S.Sivashanmugasundaram, Special Government Pleader For respondent : Mr.M.Muthappan

JUDGMENT

(Judgment of the court was made by M.DHANDAPANI, J.) Heard the learned Special Government Pleader appearing for the appellants and Mr.M.Muthappan, learned counsel, who takes notice on behalf of the respondent.

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2. The intra-court appeal is filed by the State challenging the order passed by the learned Single Judge directing the appellants herein to pass final orders on the charges framed against the writ petitioner.

3. In appears that the writ petitioner is facing a disciplinary proceedings and kept under suspension with regard to misappropriation of funds, on the basis of a report filed by the enquiry officer, who was appointed to probe into the misappropriation of funds committed by another officer.

4. On a perusal of the order passed by the learned Single Judge, we find that eight officials including the writ petitioner were implicated and the learned Single Judge, on considering the fact that the disciplinary authority had already passed final orders in respect of other co-delinquents, directed the appellants to pass final orders on the charges framed against the present writ petitioner.

5. We do not find any reason to interfere with the order passed by the learned Single Judge. Accordingly, the writ appeal is dismissed and the order passed by the learned Single Judge is confirmed. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssk.

To:

1 The Secretary to Government Finance (T & A-1) Department Fort St. George Chennai-600 009 2 The Director of Treasuries and Accounts Saidapet Chennai-600 015 +1cc to Mr.M.Muthappan, Advocate, S.R.No.24586 +1cc to the Government Pleader, S.R.No.24619 W.A.No.685 of 2018 RSI(Co) CS/17/05/18 https://hcservices.ecourts.gov.in/hcservices/