D.Magesh Kumar v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. D.Magesh Kumar S/o.Dhanaraj, No.110, G.S.T.Raod, Chengalpettu-603 010.

Petitioner(s) Vs

1. The Principal Secretary To Government Home Department (prosecution) Secretariat, Fort St. George, Chennai600 009. 2.The Director Of Prosecution Office Of The Director Of Prosecution, No.5, Kamarajar Salai (1st Floor) Slum Clearance Board, Building, Chennai600 005.

3.The Assistant Director Of Prosecution, No.35, Pudupet Street, M.K.N Road, Alandur, Chennai-600 016.

4.J.Thenmozhi Assistant Public Prosecutor (Grade-II) No.307/1, 3 rd street, Sakthi Nagar, Alapakkam, Chengalpat Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus to direct the 1 st respondent to pass necessary orders after taking into consideration the enquiry report submitted by the 3 rd respondent in the enquiry proceedings in R.C No.88/ADP/2024 pursuant to the representation of the petitioner dated 12.09.2024 under Rule 19(1)(ii)(2) and 20(1) of the Tamil Nadu Government Service conduct Rules 1973 and further direct the 1 st respondent to serve on the petitioner a copy of this order within a fixed time frame and pass orders.

For Petitioner(s):

Mr.R.Kannan For Respondent(s):

Mr.E.Vijay Anand Additional Government Pleader for R1 to R3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1 st respondent to pass orders considering the enquiry report that has already been submitted by the 3 rd respondent, pursuant to the representation

made by the petitioner on 12.09.2024.

2.

Heard Mr.R.Kannan, learned counsel for the petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader for respondents 1 to 3.

3.

The case of the petitioner is that he gave a complaint against the Assistant Public Prosecutor, who was posted at VII Metropolitan Magistrate Court, Chennai. Pursuant to the same, no action was taken and hence, the petitioner filed WP No.31872 of 2024 to conduct and conclude the enquiry. This writ petition was disposed of by an order dated 25.10.2024 by directing the 3 rd respondent to complete the enquiry within a period of eight weeks. Ultimately, the 3 rd respondent has completed the enquiry and forwarded the enquiry report to the 2 nd respondent and the 2 nd respondent in turn has forwarded the enquiry report to the 1 st respondent. Thereafter, there was no progress. It is under these circumstances, the present writ petition has been filed before this Court. 4.

Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the 1 st respondent to proceed further with the enquiry report that has already been submitted by the 3 rd respondent, after affording opportunity to the 4 th respondent and final orders shall be passed within a period of eight weeks from the date of receipt of a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

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To 1.The Principal Secretary To Government Home Department (prosecution) Secretariat, Fort St. George, Chennai600 009. 2.The Director Of Prosecution Office Of The Director Of Prosecution, No.5, Kamarajar Salai (1st Floor) Slum Clearance Board, Building, Chennai600 005.

3.The Assistant Director Of Prosecution, No.35, Pudupet Street, M.K.N Road, Alandur, Chennai-600 016.

4.J.Thenmozhi Assistant Public Prosecutor (grade-ii) 7th Metropolitan Magistrate Court, App Camber Geroge Town Court Complex, Chennai-600 001.

N.ANAND VENKATESH J.

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