Madras High CourtWP/23358/2018disposed of

D.Johnson Russel, v. Government Of Tamil Nadu,

2018-09-18Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.23358 of 2018 Thiru.D.Johnson Russel .. Petitioner Vs

1. Government of Tamil Nadu, Represented by its Secretary, Revenue Department (Service II), Fort St. George, Chennai 600 009.

2. The Commissioner, Revenue Administration and Disaster Management, Chepauk, Chennai 600 005.

.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 1st respondent to consider the explanation dated 12.01.2015 made by the petitioner to drop the charges pending against the petitioner and give all consequential benefits within a time stipulated by this Court.

For Petitioner : Mr.P.Ganesan For Respondent : Mr.Suresh Kumar Government Advocate

ORDER

The grievance of the petitioner in this case is that though the disciplinary proceedings was initiated eleven years back, so also, the petitioner has submitted an explanation to the second show cause notice issued by the 2nd respondent, till date, no decision on the same having been taken by the respondents and as such, he has come to this Court seeking for a direction to the respondents to consider the explanation submitted by the petitioner on 12.01.2015 and drop the charges pending against him.

2. However, during the course of hearing, the learned counsel appearing for the petitioner submits that it would be suffice if a direction is given to the 1st respondent to take a decision on the same within a stipulated time.

3. Considering the aforesaid limited prayer sought for by the petitioner, and after hearing the learned counsel appearing for the respondents, more particularly, when the second show cause notice has already been issued and the petitioner has also responded to the same, therefore, this Court is of the view that the prayer made by the petitioner seeking the aforesaid direction appears to be a justified one and hence, it is directed that the 1st respondent shall take an informed and considered decision on the disciplinary proceeding stated to be pending against the petitioner wherein, the second show cause notice has already been replied, on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order. No costs. 18.09.2018 rka Index : Yes/No Internet : Yes/No To

1. Government of Tamil Nadu, Represented by its Secretary, Revenue Department (Service II), Fort St. George, Chennai 600 009.

2. The Commissioner, Revenue Administration and Disaster Management, Chepauk, Chennai 600 005.

SATRUGHANA PUJAHARI.,J rka WP.23358 of 2018

18.09.2018