K.Sekar, v. The Executive Engineer (Pwd),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.19279 of 2017 & WMP.No.20772 of 2017 K.Sekar .. Petitioner Vs 1.The Executive Engineer (PWD), Vellar Vadinila Kottam, Kallakurichi 606 202, Villupuram District.

2.The Domestic Enquiry Officer, Assistant Executive Engineer (WRD), Vellar Basin Sub Division, Virudhachalam.

.. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to forbear the respondents from proceeding further to their summons issued dated 21.07.2017 without furnishing the documents sought for by the petitioner.

For Petitioner : Mr.S.Sairaman For Respondents: Mr.K.Dhananjayan Special Govt. Pleader

O R D E R

The relief sought for in this writ petition is to forbear the respondents from proceeding further based on the summons issued on 21.07.2017. On perusal of the enquiry notice dated 21.07.2017, it is stated that the writ petitioner should attend enquiry on 24.07.2017 without fail.

2.The learned counsel for the writ petitioner has stated that the writ petitioner is not hesitant to appear before the enquiry officer, but his request is that the relevant documents are not furnished to him to enable him to submit his explanation/objections.

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3.Thus, this Court is of the opinion that the writ petitioner has to attend enquiry before the enquiry officer and make a request in writing, to supply him the related documents and for perusal of the documents, he could submit his further objections/explanation in order to defend his case effectively. Instead of doing so, the present writ petition is filed to prevent the disciplinary authorities from proceeding with the enquiry proceedings. Such an idea of protracting the proceedings deserves to be deprecated, as this Court cannot interfere with the course of enquiry in a routine manner except under exceptional circumstances. This being the consistent view taken by the Court, the writ petitioner has not established sufficient cause to entertain the writ petition.

It is left open to the writ petitioner to participate in the enquiry and peruse the documents with the permission of the enquiry officer and submit his further explanation/objections in order to advance his defence in the enquiry. 4.With the above observations, the writ petition stands dismissed. However, no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Executive Engineer (PWD), Vellar Vadinila Kottam, Kallakurichi 606 202, Villupuram District.

2.The Domestic Enquiry Officer, Assistant Executive Engineer (WRD), Vellar Basin Sub Division, Virudhachalam.

+ 1 cc to MR. Sairaman, Advocate Sr.53839 + 1 cc to Government Pleader Sr.54311 W.P. No.19279 of 2017 MG(CO) EU 28/08/2017 https://hcservices.ecourts.gov.in/hcservices/