S. Annamalai Premkumar, v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29654/2015 S.Annamalai Premkumar .. Petitioner

Versus

1.The Principal Secretary Government of Tamil Nadu Rural Development and Panchayat Raj Department, Fort St George, Chennai-9.

2.The Commissioner of Rural Development & Panchayat Raj Department, Panagal Building, Chennai-15.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to conclude the disciplinary proceedings against the petitioner pursuant to the charge memo issued by the 2nd respondent RC.No.83937/2010 DPC 3-2 dated 13.10.2010 with time framed manner. For Petitioner : Mr.M.S.Palaniswamy For Respondents : Mr.V.Subbiah, Spl.GP

O R D E R

By consent, the writ petition is taken up for final disposal. The petitioner at present, is working as Joint Director, Rural Development / State Programme Manager [Social Mobilisation and Institution Building], Office of the Chief Executive Officer, Tamil Nadu State Rural Livelihood Mission, Annai Theresa Complex, Valluvarkottam High Road, Chennai-34. He was visited with disciplinary proceedings in the form of Charge Memo dated 13.10.2010 under Rule 17[b] of the Tamil Nadu Civil Services [Discipline and Appeal] Rules. The petitioner has submitted his written statement of defence on 25.10.2011 and an Enquiry Officer was appointed, who has also concluded the enquiry. The grievance now expressed by the petitioner is that though nearly 4 years had elapsed, the disciplinary proceedings initiated against him, is yet to be concluded and therefore, his name is not included in the panel for promotion to the post of Additional Director and hence, he came forward to file this writ petition.

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Learned counsel for the petitioner would submit that the fate of the enquiry is not yet made known to the petitioner and though nearly 4 years had elapsed, the result of the enquiry is yet to be made known and consequently, the chance of the petitioner becoming Additional Director is also in jeopardy and hence, prays for appropriate orders.

Heard the submissions of Mr.S.Gunasekaran, learned Government Advocate who accepts notice on behalf of the respondents.

This Court, taking into consideration the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the respondents 1 and 2 to pass final orders on the disciplinary proceedings initiated against the petitioner within a period of ten 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. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP To 1.The Principal Secretary Government of Tamil Nadu Rural Development and Panchayat Raj Department, Fort St George, Chennai-9.

2.The Commissioner of Rural Development & Panchayat Raj Department, Panagal Building, Chennai-15.

+ 1 cc to Government Pleader Sr.51888 W.P.No.29654/2015 KSJ(CO) EU 06.10.15 https://hcservices.ecourts.gov.in/hcservices/