S.Durgabai, v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.39890 of 2015 S.Durgabai ..

Petitioner -vs1. The Government of Tamil Nadu rep.by its Secretary Revenue Department Fort St.George Chennai 600 009

2. The District Collector Nagapattinam Nagapattinam District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to forthwith drop the disciplinary proceeding initiated against the petitioner in Proceeding Na.Ka.64220/2004/Vu1 dated 16.03.2005.

For Petitioner ::

Mr.Kandhan Duraisami For Respondents::

Mr.S.Gunasekaran Government Advocate

ORDER

Mrs.S.Durgabai, who faced a departmental enquiry under the charge memo issued on 16.3.2005 along with three other delinquent officers in different proceedings, had submitted a detailed explanation on 18.5.2005 and finally on completion of the enquiry, the enquiry officer also has filed his report partly holding the petitioner guilty of the charges. Thereafter, the petitioner was furnished with a copy of the enquiry report and she was called upon to submit her detailed explanation. Rightly the petitioner also submitted her detailed written explanation on 17.3.2006. In such circumstances, the grievance of the petitioner, as pleaded by the learned counsel, is that even after submitting a detailed written explanation dated 17.3.2006 to the enquiry report, the respondents have not come forward to pass any final order on the pending departmental https://hcservices.ecourts.gov.in/hcservices/

proceedings. The learned counsel further submitted that when four delinquent officers were proceeded with the departmental proceedings, the disciplinary authority had passed final order in respect of the Deputy Tahsildar by imposing a punishment of reducing Rs.500/- from the monthly pension for a period of two years. Since the Tahsildar died during the pendency of the proceedings, the same stood abated. However, with regard to the petitioner, who served as Revenue Inspector, no final order has been passed. Therefore, she has sought for a mandamus directing the respondents to pass final orders on merits, he pleaded.

2. Learned Government Advocate appearing for the respondents submitted that although the counter affidavit, having been sent for signature, is awaited, since all the relevant records relating to the petitioner's case have already been sent to the Government on 8.10.2015, a direction may be given to the respondents to pass final orders.

3. This Court, taking note of the fact that the departmental enquiry was initiated against the petitioner on 16.3.2005 by issuing a charge memo and thereupon she had also submitted her detailed explanation on receipt of the report of the enquiry officer on 17.3.2006, hereby directs the first respondent to pass final orders in respect of the departmental proceedings initiated against the petitioner within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition stands disposed of. No costs. ss s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Secretary to Government Revenue Department Fort St.George Chennai 600 009

2. The District Collector Nagapattinam Nagapattinam District + 1 cc to M/s.Muthumani Doraisamy, Advocate, SR 6437 + 1 cc to Govt.Pleader, High Court, Madras SR 6534 ppa(co) prk9/3 W.P.No.39890 of 2015 https://hcservices.ecourts.gov.in/hcservices/