S. Vasanthakumari v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28587 of 2015 S.Vasanthakumari ... Petitioner - Vs - The Additional Chief Secretary to Government, Industries OP 1.2 Department, Fort St.George, Chennai - 600 009.

... Respondent Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to pass orders on the disciplinary proceedings initiated by the respondent in letter No.7937/OP1/2/2012/4, dated 19.07.2012 within a reasonable time.

For Petitioner : Mr.K.Venkataramani, SC for Mr.M.Muthappan For Respondent : Mr.S.Gunasekaran Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner who is presently working as Section Officer, Industries Department, Secretariat, Chennai was issued with a charge memo dated 19.07.2012, alleging that she has purchased 216/2400 sq.ft. of undivided share in Old door No.9, New No.21, Rengarajapuram I Street, Saidapet in T.S.No.14 of Venkatapuram Village by means of registered sale deed bearing document No.2001/2003 and the said fact was concealed by her and she furnished a false declaration and obtained Plot No.102 in Tamil Nadu Secretariat Staff Co-operative Housing Society Limited under Okkiyam Thuraipakkam Scheme which is in violation of G.O.Ms.No.121, Revenue Ni.Mu.1(1) Department, dated

09.03.1999. The petitioner would submit that though the Enquiry Officer submitted a report on 18.10.2012, the Disciplinary Authority did not choose to pass any orders and therefore the petitioner came forward to file this writ petition.

3. Mr.K.Venkataramani, learned senior counsel appearing for the petitioner would submit that the plea challenging the cancellation of Plot No.102, which was allotted to her, is the subject matter of challenge in W.P.No.12574 of 2014 and an interim order has also been obtained. The grievance now expressed by the petitioner is that though the Enquiry Officer submitted his report as early as on 18.10.2012, no orders have been passed and hence prays for appropriate orders.

4. Per contra, Mr.S.Gunasekaran, learned Government Advoate who accepts notice on behalf of the respondent would submit that the petitioner has deliberately filed false declaration with regard to her owning of a property and the disciplinary proceedings was rightly initiated against her and would further add that appropriate orders will be passed by the Disciplinary Authority at an early date.

5. This Court carefully considered the rival submissions and the materials placed before it.

6. This Court taking into consideration the above facts and circumstances and without going into the merits of the case projected by the petitioner, directs the respondent to pass final orders in the disciplinary proceedings initiated against the petitioner in accordance with law as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. The Registry is directed to post W.P.No.12574 of 2014 on 23.09.2015 in the motion list. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kk

To The Additional Chief Secretary to Government, Industries OP 1.2 Department, Fort St.George, Chennai - 600 009.

Copy To The Section Officer, Writ Section, High Court, Madras.

+1cc to M/s.M.Muthappan, Advocate, S.R.No.49458 +1cc to the Government Pleader, S.R.No.49673 W.P.No.28587 of 2015 JP(CO) CA(22/09/2015)