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Madras High CourtWP/19917/2019disposed of

R.Chandran v. The Commissioner,

2019-07-30Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.07.2019

CORAM

THE HONOURABLE Mr. JUSTICE V.PARTHIBAN W.P.No.19917 of 2019 R.Chandran ... Petitioner Vs.

The Commissioner, Salem City Municipal Corporation, Salem - 636 001.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to complete the disciplinary proceedings initiated against the petitioner in Memorandum No.Roc.No.C4/14801/08 dated 28.08.2008 within a reasonable period of may be fixed by this Court.

For Petitioner : Mr.T.Ranganathan For Respondent : Mrs.K.Bhuvaneswari Additional Government Pleader

ORDER

The petitioner is working as Sanitary Inspector in Salem City Municipal Corporation. He was issued with the charge memorandum dated 28.08.2008 by the respondent under Rule 8(2) of the Coimbatore City Municipal Corporation Services (Discipline and Appeal) Rules, 1986. The petitioner submitted his written statement of defence on 16.09.2008. Thereafter, an Enquiry Officer was appointed. According to the petitioner, although the last Enquiry Officer was appointed in 2009 that the enquiry has not progressed at all till 2019. In fact, according to the petitioner, five Enquiry Officers were appointed, but none of them had carried forward the enquiry proceedings pending against the petitioner since 2008.

Therefore, he is before this Court seeking direction to the respondent to complete the disciplinary proceedings initiated against him pending since 2008. 2.After notice, Mrs.K.Bhuvaneswari, learned Additional Government Pleader has entered appearance on behalf of the respondent and would submit that a direction may be issued to the respondent to complete the enquiry within a time stipulated https://hcservices.ecourts.gov.

by this Court.

3.In view of the limited direction being sought in the writ petition and the learned Additional Government Pleader for the respondent is also agreeable to complete the disciplinary proceedings pending against the petitioner, the Writ Petition is disposed of with the direction as under:

The respondent is directed to ensure completion of the disciplinary proceedings initiated against the petitioner, in pursuance of the charge memo issued against him on 28.08.2008, within a period of six months from the date of receipt of a copy of this order. It is made clear that the respondent shall adhere to the time stipulated by this Court and the petitioner is also directed to extend maximum cooperation for the early completion of the disciplinary proceedings before the expiry of the time stipulated by this Court. No costs.

s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar Sgl To 1.The Commissioner, Salem City Municipal Corporation, Salem - 636 001.

+1 CC to Mr.T.Ranganathan, Advocate sr 65226. W.P.No.19917 of 2019 SP(29/08/2019) https://hcservices.ecourts.gov.in/hcservices/