Madras High CourtWP/42163/2016disposed of

K.Rajendran, v. The Secretary To Government,

2016-12-01Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.42163 of 2016 K.Rajendran .. Petitioner Vs The Secretary to Government, Labour and Employment Department, Secretariat, Chennai-9.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent herein to pass final orders on the disciplinary proceedings concluded in Letter No. 16017 / N1/2014-9 dated 6.1.2015 against the petitioner within a stipulated time as deemed fit and proper by this Court.

For Petitioner :Mr.Ravi Shanmugam For Respondent :Mr.K.Dhananjayan, Spl. Govt. Pleader.

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to pass final orders on the disciplinary proceedings concluded in Letter No. 16017 / N1/2014-9 dated 6.1.2015 against the petitioner within a stipulated time fixed by this Court.

3. It is the case of the petitioner that he joined service as Junior Assistant on 30.3.1983. Subsequently, he was promoted as Assistant on 22.9.1993 and as Deputy Tahsildar on 4.2.2004. The respondent, vide G.O.(D) No.191, Labour and Employment Department dated 23.6.2011, by exercising powers under Rule 9(A) of the Tamil Nadu Civil Services (D & A) Rules, had ordered common enquiry as against the petitioner and three others. Thereafter, the respondent, by letter dated 30.9.2011, https://hcservices.ecourts.gov.in/hcservices/

framed charges against the petitioner on the allegation that he issued certificates to 36 persons with ulterior motive. Thereafter, the respondent appointed an enquiry officer and after enquiry, the enquiry officer submitted his report holding that the charges were proved. On 6.1.2015, the respondent communicated a copy of the enquiry report to the petitioner calling upon him to submit a representation within 15 days, for which, the petitioner submitted his further representation on 30.1.2015. But, till date, final order has not been passed. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned Special Government Pleader, who has taken notice on behalf of the respondent.

5.Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim projected by the petitioner, this Court directs the respondent herein to pass final orders on the disciplinary proceedings concluded in Letter No. 16017 / N1/2014-9 dated 6.1.2015 against the petitioner, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sbi To The Secretary to Government, Labour and Employment Department, Secretariat, Chennai-9.

+1cc to M/S.Ravishanmugam, Advocate Sr.70658 +1cc to the Government Pleader Sr.71283 W.P.No. 42163 of 2016 ug[co] srg 07/12/2016 https://hcservices.ecourts.gov.in/hcservices/