M.Pushparaj, v. The Director Of Horticulture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14263 of 2017 M.Pushparaj ...

Petitioner -vsThe Director of Horticulture and Plantation Crops Chepauk Chennai 600 005 ...

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to pass final order in the disciplinary proceedings pending against the petitioner pursuant to the charge memo issued by the respondent in No.Aa.1/20289/2002 dated 03.02.2004 within a time limit to be fixed by this Hon'ble Court. For Petitioner::Mr.P.Rajendran For Respondent::Mr.T.M.Pappiah Special Government Pleader

ORDER

The petitioner was slapped with a charge memo dated 3.2.2004 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules alleging misappropriation of Rs.2,53,350/-, for which the petitioner submitted his explanation on 28.12.2004. Thereafter, finding that his explanation was not satisfactory, an enquiry officer was appointed, who also, on completion of the enquiry, submitted his report on 10.9.2015 holding the petitioner guilty of the charges. The petitioner was also furnished with a copy of the report along with the second show cause notice, for which the petitiioner has filed his written representation on 11.1.2016. But till date, the disciplinary authority has not passed any final order. Therefore, it is prayed that a direction may be issued to the disciplinary authority to pass final orders, on the basis of the written representation given by the petitioner.

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2. Mr.T.M.Pappiah, learned Special Government Pleader, taking notice on behalf of the respondent, sought six weeks time to pass final orders.

3. As the report of the enquiry officer was filed on 10.9.2015 and subsequently the further written representation also has been filed by the petitioner on 11.1.2016, this Court hereby directs the respondent/disciplinary authority to pass final orders in respect of the disciplinary proceedings initiated against the petitioner within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ss To The Director of Horticulture and Plantation Crops Chepauk, Chennai 600 005.

+1cc to Mr.P.Rajendran, Advocate Sr.40863 +1cc to the Government pleader Sr.41264 W.P.No.14263 of 2017 gj ii[co] srg 21/06/2017 https://hcservices.ecourts.gov.in/hcservices/