M.Anbuchelvan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2016
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBBIAH WRIT PETITION No.34222 of 2016 M.Anbuchelvan ... Petitioner Vs.
1.
The State of Tamil Nadu, rep. by the Principal, Secretary to Government, Home Department, Secretariat, Fort St. George, Chennai 600 009.
The State of Tamil Nadu, rep. by its Chief Secretary to Government, Vigilance Commissioner & Commission for Administrative Reforms (FAC), Secretariat, Fort. St. George, Chennai 600 009.
The Director, Directorate of Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai 600 016.
4.
G.Thiruvanantham P.Kamaladass 6.
The Director General of Police, O/o.Director General of Police, Police Head Quarters, Whannels Road, Egmore, Chennai - 8.
7.
The Deputy Inspector General of Police, Seelapadi, Trichy Main Road,
8.
The Superintendent of Police, District Police Head Quarters, Collectorate Campus, Dindigul District, 9.
The Deputy Superintendent of Police, Vigilance and Anti Corruption, Dindigul District, ... Respondents (Respondents 6 to 9 impleaded as per the order dated 24.10.2016 in WMP No.31380/2016 in W.P.No.34222/2016) Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the proposed respondents 6 to 8 to complete the disciplinary departmental proceedings within a stipulated time. (Prayer amended as per order dated 24.10.2016 by RPSJ in WMP. 31796 of 2016 in W.P.34222 of 2016) For Petitioner :
Mr.T.C.S.Raja Chockalingam For Respondents :
Mr.K.Dhananjayan, 1 to 3 & 6 to 9 Special Government Pleader
O R D E R
The petitioner has come up with this Writ Petition seeking a direction to the respondents 6 to 8 to complete the disciplinary departmental proceedings against the accused Officers within a stipulated time.
According to the petitioner, on his complaint, the 3rd respondent/Director, Directorate of Vigilance and Anti Corruption, vide proceedings dated 08.02.2016, ordered preliminary enquiry against the accused Officers. After completion of preliminary enquiry, vide proceedings dated 11.08.2016, the 3rd respondent recommended departmental action against the accused Officers and forwarded the same to the 2nd respondent. Thereafter, on 06.09.2016, the 2nd respondent forwarded the entire report of the 3rd respondent to the 1st respondent, for taking departmental action against the accused Officers.
The grievance of the petitioner is that, inspite of recommendation of departmental action by the 3rd respondent against the accused Officers, the 1st respondent is prolonging the same.
4.
When the matter is taken up for consideration, learned counsel for the petitioner contended that no action has been taken against the accused Officers even after a lapse of seven months from the date of the preliminary report, dated 08.02.2016. Hence, he pleaded that the respondents 6 to 8 may be directed to complete the disciplinary departmental proceedings against the accused Officers within a time frame. Taking note of the facts and circumstances, without expressing any opinion on the merits of the case, this Court directs the respondents 6 to 8 to complete the disciplinary departmental proceedings against the accused Officers within a period of eight weeks from the date of receipt of a copy of this order.
This Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar aeb To:
1.
The Principal Secretary to Government, State of Tamil Nadu, Home Department, Secretariat, Fort St. George, Chennai 600 009.
The Chief Secretary to Government, State of Tamil Nadu, Vigilance Commission & Commission for Administrative Reforms (FAC), Secretariat, Fort. St. George, Chennai 600 009. The Director, Directorate of Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai 600 016.
4.
The Director General of Police, O/o.Director General of Police, Police Head Quarters, Whannels Road, Egmore, Chennai - 8.
The Deputy Inspector General of Police, Seelapadi, Trichy Main Road, 6.
The Superintendent of Police, District Police Head Quarters, Collectorate Campus, Dindigul District, 7.
The Deputy Superintendent of Police, Vigilance and Anti Corruption, Dindigul District, +4cc's to Mr.T.C.S.Raja Chockalingam, Advocate, S.R.No.63635 W.P.No.34222 of 2016 NM1(CO) CA(09/11/2016)