Madras High CourtWP/18357/2022disposed of

A.R.Krishnan v. The Principal Secretary To Government

2022-11-09Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.11.2022 Coram:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE --- A.R.Krishnan .. Petitioner Vs.

1. The Principal Secretary to Govt., Highways and Minor Ports (HL-I) Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Director General, Highways Department, Guindy, Chennai-600 025.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to appoint an Enquiry Officer to enquire and complete the disciplinary proceedings with regard to charge memo in Letter No.56783/HL1/1996-117, dated 14.10.2014 issued by the first respondent, within a stipulated time limit. For petitioner : M/s.Malarvizhi Udayakumar For respondents: Mr.K.Balamurugan, Govt. Advocate 1 / 4

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the first respondent to appoint an Enquiry Officer to enquire and complete the disciplinary proceedings with regard to charge memo dated 14.10.2014 issued to the petitioner by the first respondent, within a time frame to be fixed by this Court.

2. The grievance of the petitioner is that despite being issued with a charge memo dated 14.10.2014, till date, no Enquiry Officer has been appointed and the Disciplinary Proceedings have not yet commenced. The petitioner seeks for early conclusion of the disciplinary proceedings initiated against him.

3. No prejudice would be caused to the respondents, if such a direction is issued. The petitioner also claims that he is 81 years old, which factor will have to be given due consideration by the respondents.

4. For the reasons stated above, this Court directs the first respondent to appoint an Enquiry Officer and conclude the enquiry proceedings pursuant to the charge memo dated 14.10.2014 issued to the petitioner, after affording an opportunity of hearing, including personal hearing to the petitioner, within five 2 / 4

months from the date of receipt of a copy of this order.

5. With the above observations and direction, the Writ Petition is disposed of. There shall be no order as to costs.

09.11.2022 Index: Yes/no Speaking Order: Yes/no cs To

1. The Principal Secretary to Govt., Highways and Minor Ports (HL-I) Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Director General, Highways Department, Guindy, Chennai-600 025.

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ABDUL QUDDHOSE, J cs 09.11.2022 4 / 4