Major D.Prabhakar (Retd) v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Major D.Prabhakar ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Secretary, Public (Ex-Servicemen) Department, Fort St George, Chennai - 600 009.

2.The Special Secretary to Government & Director, Public (Ex-Servicemen) Department, Department of Ex-servicemen's Welfare, Secretariat, Chennai - 600 009.

3.The Director, Directorate of Ex-Servicemen's Welfare, No.22, Raja Muthiah Salai, Chennai - 600 003.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 2nd respondent to dispose of the Proceedings in Na.Ka.No.18974/2019/Nir5 dated 16.10.2020 as expeditiously as possible within a stipulated time.

For Petitioner : Mr.K.Venkateswaran For Respondents : Mr.V.Jeevagiridharan, Additional Government Pleader

O R D E R

This writ petition has been filed to direct the respondents to complete the disciplinary proceedings pending against the petitioner pursuant to the charge-memo issued against him, dated 16.10.2020. 2.It is the case of the petitioner that, while he was working as Assistant Director in Ex-Servicemen's Welfare Department at Salem, a charge-memo came to be issued against him on 16.10.2020. According to the petitioner, Enquiry Officer was appointed, enquiry was conducted and Enquiry Report has also been filed as early as on 15.08.2021. The petitioner states that he has also submitted his explanation on 07.01.2021. However, it is the grievance of the petitioner that, though he submitted a representation, dated 18.05.2023, requesting the respondents to complete the disciplinary proceedings, the same has not been considered. Hence, the present writ petition.

3.Heard the learned counsel for the petitioner and Mr.V.Jeevagiridharan, learned Additional Government Pleader, appearing for the respondents.

4.Considering the limited scope of the relief sought for in the present writ petition, there shall be a direction to the respondents to pass final orders in the disciplinary proceedings pending against the petitioner pursuant to the charge-memo dated 16.10.2020, on merits and in accordance with law, within a period of one month from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs.

02.08.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order

N. SATHISH KUMAR, J.

mkn To 1.The Secretary, State of Tamil Nadu, Public (Ex-Servicemen) Department, Fort St George, Chennai - 600 009.

2.The Special Secretary to Government & Director, Public (Ex-Servicemen) Department, Department of Ex-Servicemen's Welfare, Secretariat, Chennai - 600 009.

3.The Director, Directorate of Ex-Servicemen's Welfare, No.22, Raja Muthaiah Salai, Chennai - 600 003.

02.08.2023