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Madras High CourtWP/10073/2020disposed of

M.Padmanabhan v. The Director Cum Mission

2022-04-13Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.10073 of 2020 M.Padmanabhan ... Petitioner vs.

The Director cum Mission Director of ICDS, Taramani, Chennai - 600 113.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to review the suspension orders besides sanction and disburse the Subsistence Allowance forthwith from the date which it fell due at the rates admissible with all attendant benefits.

For Petitioner : Mr.S.P.Patel For Respondent : Mr.Haja Nazirudeen Additional Advocate General Assisted by Mrs.S.Anitha Special Government Pleader

O R D E R

This writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondent to review the suspension orders besides sanction and disburse the Subsistence Allowance forthwith from the date which it fell due at the rates admissible with all attendant benefits.

2. According to the petitioner, the petitioner was placed under suspension on 04.02.2019 by the respondent under Rule 17(e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, for the alleged irregularities committed by him and the disciplinary proceedings is pending for more than three years without concluding the said proceedings. Further submitted that the respondent has not settled the subsistence allowance to the https://hcservices.ecourts.gov.in/hcservices/

petitioner in accordance with law.

3. The learned Additional Advocate General appearing for the respondent would submit that due to the Covid-19 situation, they could not able to conclude the said disciplinary proceedings. The respondent/department would conclude the said disciplinary proceedings, within the time specified by this Court. He would further submit that the disbursement of subsistence allowance to the petitioner is under process.

4. In view of the above submissions made by the parties, this Court is inclined to pass orders as follows:- (i) The respondent is directed to conclude the aforesaid disciplinary proceedings and pass appropriate orders in accordance with law, as expeditiously as possible, within a period of four months from the date of receipt of a copy of this order. The petitioner shall also co-operate with the respondent for concluding the said disciplinary proceedings.

(ii) The respondent is further directed to disburse the subsistence allowance within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar dm To The Director cum Mission Director of ICDS, Taramani, Chennai - 600 113.

+1cc to Mr.S.Sathish Rajan, Advocate SR.No.25625 +1cc to the Government Pleader, SR.No.25952 W.P.No.10073 of 2020 RK(CO) CB(29/04/2022) https://hcservices.ecourts.gov.in/hcservices/