N.Manogaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.37484 of 2016 and WMP.Nos.32100 and 32101 of 2016 N.Manogaran ..

Petitioner vs.

1.The District Collector, Kancheepuram, Kancheepuram.

2.The Revenue Divisional Officer, Chengalpattu, Kancheepuram District.

3.The Assistant Commissioner- VI, Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records of the impugned charge memo issued by the first respondent in Na.Ka.No.27841/2015/A3 dated 14.01.2016 and quash the same.

For Petitioner :

Mr.J.Selvarajan For Respondents :

Mr.K.Dhananjayan, Special Government Pleader

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner, while working as Special Tahsildar, Distress Relief Scheme at Chengalpattu, was put into in-charge of distribution of relief materials in respect of *Hood(Flood) on account of incessant rain during November 2015 and first week of December 2015 and the petitioner has distributed the relief materials. On 08.12.2015, one B.Srinivasan, who is the President of Fishermen Cooperative Society Ltd., Chengalpattu

had kept the relief materials in the Cooperative Society and started supplying the same to the public and on inspection, the second respondent, alleging that the relief materials has been diverted for extraneous consideration, also lodged a complaint, based on which the petitioner was summoned and enquired and it has been closed. The grievance expressed by the petitioner is that though the relevant records would show that relief materials were distributed to the needy persons, without conducting enquiry, straightaway charge memo was issued and it was put to challenge in W.P.No.5789 of 2015 and this Court disposed of the said writ petition, vide order dated 17.02.

2016, by observing that on the submission of the explanation by the petitioner to the Charge Memo, Disciplinary Authority may also sometime drop the charges and therefore, dismissed the same. The grievance expressed by the petitioner is that though enquiry was concluded, the Enquiry Officer is yet to submit his report and though the petitioner is eligible to be considered for promotion to the post of *Sub Collector, on account of the pendency of the Disciplinary Proceedings, the petitioner was overlooked and therefore, prays for appropriate orders.

3. Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents would submit that appropriate instructions will be given to the first respondent to conclude the Disciplinary Proceedings as expeditiously as possible.

4. Though the petitioner has prayed for larger relief, this Court, in the light of the above facts and circumstances, directs the first respondent to conclude the disciplinary proceedings initiated against the petitioner as expeditiously as possible and pass final orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar Dated:14/12/2016 *Corrected as per the order of this Court dated 12/01/2017 and made herein Sd/- Assistant Registrar(CS-VII) Dated:19/01/2017 //True Copy// Sub Assistant Registrar

jvm To 1.The District Collector, Kancheepuram, To be substituted to the Kancheepuram. order already despatched on 15/12/2016 and made 2.The Revenue Divisional Officer, in W.P.No.37484 of 2016 Chengalpattu, Kancheepuram District.

3.The Assistant Commissioner- VI, Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

+1cc to Mr.J. Selvarajan, Advocate, S.R.No.72613 +1cc to the Government Pleader Sr.72670 ss(CO) md(14/12/2016) srg 19/01/2017 W.P.No.37484 of 2016