Madras High CourtWP/20797/2019disposed of

S.Muralibabu v. The Secretary To Government

2019-07-15Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.20797 of 2019 S.Muralibabu ... Petitioner -vs1.The Secretary to Government, -cum-The Commissioner of Agriculture Produce, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2.The Director, Agriculture, Chepauk, Chennai-600 005.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to pass orders on the disciplinary action taken pursuant to the Charge Memo dated 02.02.2017 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

For Petitioner : M/s.T.Aananthi For Respondents : Mr.J.Pothiraj Spl. Govt. Pleader

O R D E R

This Writ Petition has been filed for a direction to the respondent to pass orders on the disciplinary action taken pursuant to the Charge Memo dated 02.02.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3. The case of the Petitioner is that when he was working as Assistant Agriculture Officer at Anakkavoor, Thiruvannamalai, in order to remove the bushes around the office premises, https://hcservices.ecourts.gov.in/hcservices/

outsiders were engaged for the said purpose and they, without knowing the consequences, cut the trees. Since the cleaning work was done on a holiday, such act happened in his absence without his knowledge. However, he was served with a Charge Memo dated 02.02.2017 under Rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules, levelling three charges.

4. The grievance of the Petitioner is that though an Enquiry Officer was appointed on 05.06.2017 and an enquiry report was also filed as early as on 07.05.2018, no order has been passed thereon till now and as the Petitioner is due to retire by end of March, 2020, the Petitioner has approached this Court, seeking for the above direction.

5. In view of the limited extent of relief sought for, this Court, without going into the merits of the matter, directs the concerned Respondent to pass appropriate orders on the Enquiry Report, if already not passed, after conclusion of enquiry, as expeditiously as possible, preferably before end of this year.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar Ar To:

1.The Secretary to Government, -cum-The Commissioner of Agriculture Produce, Government of Tamil Nadu, Secretariat, Chennai-600 009. 2.The Director, Agriculture, Chepauk, Chennai-600 005.

+1cc to the Government Pleader, S.R.No. 60229 W.P.No.20797 of 2019 AD(CO) GN(05/08/2019) https://hcservices.ecourts.gov.in/hcservices/