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Madras High CourtWP/145/2022disposed of

M.Manogaran v. State Of Tamilnadu

2024-04-02Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.145 of 2022 M.Manogaran, S/o.Muthu ... Petitioner Vs.

1. State of Tamil Nadu, Rep. by Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort, St.George, Secretariat, Chennai - 600 009.

2. The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.

3. The District Collector, Tiruvannamalai District, Tiruvannamalai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to pass final orders on the disciplinary proceedings concluded through Commissioner for Disciplinary Proceedings (CDP) in TDP case No.3 of 2016 dated 01.11.2017 in consideration of detailed representation submitted by the petitioner dated 20.09.2018 and 04.08.2021 and to 1/4

allow the petitioner to retire from service as on the date of retirement on 30.06.2012 with consequential retirement benefits and other attendant benefits within a time frame to be fixed by this Court. For Petitioner :

Mr.S.Nedunchezhiyan For Respondents :

Mr.P.Ganesan Government Advocate

ORDER

This writ petition is filed with a prayer to consider the representation of the petitioner and to permit the petitioner to retire from service with all consequential and other attendant benefits.

2. When the matter came up for hearing, Mr.P.Ganesan, learned Government Advocate produced an order dated 28.10.2023, in and by which, without prejudice to the continuation of the disciplinary proceedings, the petitioner is permitted to retire.

3. As such, the part of the relief sought for by the petitioner has already been granted. At the same time, the disciplinary proceedings pending against the petitioner has also to be concluded within a reasonable time, since the petitioner already attained the age of superannuation in the year 2012.

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4. In view thereof, the respondents are directed to complete the disciplinary proceedings within a period of four months from the date of receipt of a copy of this order. It would be open for the petitioner to raise all the grounds in the disciplinary proceedings including the ground of delay.

5. Accordingly, this writ petition is disposed of. No costs. 02.04.2024 Index: Yes Speaking Order: Yes mp To

1. The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort, St.George, Secretariat, Chennai - 600 009.

2. The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.

3. The District Collector, Tiruvannamalai District, Tiruvannamalai.

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D.BHARATHA CHAKRAVARTHY, J.

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