S.Kumarimannan, v. The Commissioner Of Muncipal Administration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28087 of 2019 S.Kumarimannan ..Petitioner Vs The Commissioner of Municipal Administration, Urban Administration Building Complex, 75, Santhome High Road, Raja Annamalaipuram, Chennai 600 028.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Mandamus, directing the respondent to pass final orders on the departmental proceedings initiated against the petitioner in pursuance of the charge memo dated 27.06.2018 at an early date.

For Petitioner : Mr.M.Gnanasekar For Respondent : M/s.M.Lalitha Government Advocate.

O R D E R

The prayer sought for herein in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondent to pass final orders on the departmental proceedings initiated against the petitioner in pursuance of the charge memo dated 27.06.2018 at an early date.

2. The case of the petitioner is that the petitioner was initially appointed as Junior Assistant on 16.10.1985. Subsequently, the petitioner was promoted as Assistant, Revenue Inspector (Class V), Manager, Assistant Revenue Officer Class (IV), Revenue Officer (Class II), and as Manager (Class-1A) and then finally as Manager (Class-1). While so, by an order dated 17.05.2018, the respondent placed him under suspension, in contemplation under Rule 9(1) of the Rule 8 of the Tamilnadu Municipal General Services (Discipline and Appeal Rules) 1970 on the ground of the pendency of the charge memo. However, a charge memo was issued only on 27.06.2018. The respondent leveled about six charges, on the basis of the letter No. 9002/2017/C1 dated 07.05.2018 of the Municipal Commissioner, Kumbakonam Municipality, when the petitioner was working as Class - 1 https://hcservices.ecourts.gov.in/hcservices/

Manager and though the enquiry was completed, till date, the respondents are not passing any order and the petitioner is due for promotion. The grievances of the petitioner is that the enquiry has been completed long ago till date no final orders are being passed and that his Junior has been given promotion and he has submitted a representation dated 30.08.2019 and hence he has filed the present writ petition.

3. The learned counsel for the petitioner would submit that it would be suffice if * a direction is issued to the respondent to pass final orders on the enquiry report submitted on 08.07.2019 within a stipulated time.

4. Without expressing any opinion on merits, I am inclined to issue a direction to the respondent to * pass final orders on the enquiry report submitted on 08.07.2019, within a period of * two weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) * Corrected as per order of 31.10.2019 this order dated 15.11.2019 and made herein Sd/- Assistant Registrar (CS-VI) Dated 22.11.2019 //True Copy// Sub Assistant Registrar kmm To The Commissioner of Municipal Administration, To be submitted to the Urban Administration Building Complex, order already 75, Santhome High Road, Despatched on Raja Annamalaipuram, 19.11.2019 Chennai 600 028.

+1cc to Mr.M.Gnanasekar, Advocate, SR.No.81858 +1cc to the Govt.Pleader, Vide Sr.No.82282 W.P.No. 28087 of 2019 Kak(31/10/2019) CS/22/11/2019 https://hcservices.ecourts.gov.in/hcservices/