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Madras High CourtWP/17186/2021disposed of

R.Nagarajan v. The Government Of Tamilnadu

2021-08-23Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.17186 of 2021 (Through Video Conferencing) R.Nagarajan S/o.M.Ramasamy, Block Development Officer (Administration), Office of Assistant Director of Rural Development (Panchayats), Coimbatore District.

...Petitioner

Vs

1. The Government of Tamil Nadu, Represented by Secretary to Government, Rural Development & Panchayat Raj Department, Secretariat, Chennai - 600 009.

2. The Director of Rural Development & Panchayatraj Department, Panagal Building, Saidapet, Chennai - 600 015.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to conclude the disciplinary proceedings in respect of the charge memo issued by the second respondent bearing ROC No.34085/2018DPC 2.2 dated 27.08.2018 and pass final orders within a period of four weeks.

For Petitioner : Mr.K.S.Viswanathan For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

The petitioner has filed this writ petition for a Mandamus, to direct the first respondent to conclude the disciplinary proceedings in respect of the charge memo issued by the second respondent bearing ROC No.34085/2018DPC 2.2 dated 27.08.2018.

2. The petitioner has issued with a charge memo dated 27.08.2018. However, the disciplinary proceedings has not progressed beyond a point.

3. The learned counsel for the petitioner submits that enquiry has been completed. However, no orders have been passed. The learned counsel for the petitioner further submits that one of the co-delinquent was also issued with similar proceedings in charge memo dated 27.08.2018. He submits that the delinquent had filed writ petition in W.P.No.8074 of 2020 for a direction to complete the disciplinary proceedings in charge memos dated 05.08.2015 and 27.08.2018. The learned counsel for the petitioner further submits that the aforesaid writ petition was disposed on 12.06.2020.

4. Pursuant to the aforesaid order, the disciplinary proceedings were completed and the said petition was absolved of the liability. He submits that similar order may be passed by the respondents on the disciplinary proceedings initiated against the petitioner.

5. The learned Government Advocate for the respondents submits that orders will be passed by directing the respondents to complete the disciplinary proceedings. However, the learned Government Advocate for the respondents submits that a period of eight weeks may be granted for passing orders in the disciplinary proceedings considering as enquiry has been completed.

6. Recording the same, the respondents are directed to complete the disciplinary proceedings within a period of six weeks from the date of receipt of a copy of this order. This Writ Petition stands disposed of with the above observations. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar arb To

1. The Secretary, Government of Tamil Nadu, Rural Development & Panchayat Raj Department, Secretariat, Chennai - 600 009.

2. The Director of Rural Development & Panchayatraj Department, Panagal Building, Saidapet, Chennai - 600 015.

+1cc to Mr.K.S.Viswanathan, Advocate, S.R.No.42361 +1cc to the Government Pleader, S.R.No.42617 W.P.No.17186 of 2021 RLD[co] NSK 17/09/2021