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Madras High CourtWP/26728/2016disposed of

N.Ponnuswamy v. The State Of Tamil Nadu

2016-08-01Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.08.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.26728 of 2016 N.Ponnuswamy .. Petitioner Vs.

1.The State of Tamilnadu, Rep.by its Secretary to Government, Department of Agriculture, Fort St.George, Chennai - 600 009.

2.The Commissioner of Agriculture, Department of Agriculture, Chepauk, Chennai - 600 005.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to consider the explanation of the petitioner dated 25.09.2013 pursuant to the enquiry report on 27.03.2013 and relieve the petitioner from the charges levelled against him and permit the petitioner to retire from service with effect from 31.05.2012 with all attendant benefits.

For Petitioner : Ms.AL.Ganthimathi For Respondents : Mr.A.Kumar Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to consider the explanation of the petitioner dated 25.09.2013 pursuant to the enquiry report on 27.03.2013 and relieve the petitioner from the charges levelled against him and permit the petitioner to retire from service with effect from 31.05.2012 with all attendant benefits. 2.The petitioner joined service as Deputy Agricultural Officer in the respondent Department in the year 1977 and subsequently, he was promoted as Additional Director of Agriculture [Research] on 30.04.2010. Thereafter, he was placed to hold additional charge to the post of Additional Director of https://hcservices.ecourts.gov.in/hcservices/

Agriculture [Personal Management] and Director of Seed Certification till regular postings are made. Based on certain allegations, he was issued with a suspension order for the irregularities committed by him in discharging his duties and charges have been framed against him. According to the petitioner, he submitted his explanation in September, 2013 and thereafter, he made several representations to the first respondent but till date no orders have been passed and hence, the Writ Petition has been filed.

3.Ms.AL.Ganthimathi, learned counsel for the petitioner would submit that the petitioner would be satisfied, if his representation is directed to be considered and appropriate orders are passed as expeditiously as possible. 4.Mr.A.Kumar, learned Special Government Pleader for the respondents has got no serious objection for directing the respondents to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law. 5.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the respondents, to consider the explanation of the petitioner, dated 25.09.2013 and pass appropriate orders, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

In so far as the retirement benefits is concerned the petitioner will be entitled since he has already retired from service. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner. 6.The Writ Petition is disposed of accordingly. No costs.

1. The Secretary to Govt. State of Tamilnadu, Department of Agriculture,Fort St.George, Chennai - 600 009.

2. The Commissioner of Agriculture, Department of Agriculture, Chepauk, Chennai - 600 005.

+ 1 cc to Ms.Al.Ganthimathi, Advocate SR 43515 + 1 c to Govt.Pleader SR 43634 tm(co) prk19/8 W.P. No.26728 of 2016 https://hcservices.ecourts.gov.in/hcservices/