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Madras High CourtWP/32920/2019disposed of

R.Palanivelu v. The Registrar Of Cooperative Societies,

2019-11-25Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.32920 of 2019 1 R.PALANIVELU ... Petitioner Vs 1 The Registrar of Cooperative Societies, Kilpak, Chennai 10.

... Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF MANDAMUS directing the respondent to dispose of the disciplinary proceedings into charge memo No. 645/1993 A3 dated 29.12.1997 by passing final orders without further delay since the matter is pending for more than two decades.

For Petitioner : Mr.S.venkataraman For Respondent : Mr.L.P.Shanmugasundaram, Special Government Pleader.

O R D E R

1.The present writ petition has been filed by the petitioner praying for the issuance of Writ of Mandamus, to direct the respondent to dispose of the disciplinary proceedings into charge memo No. 645/1993 A3 dated 29.12.1997 by passing final orders without further delay since the matter is pending for more than two decades.

2.Heard both sides.

3.According to the petitioner, the petitioner has joined cooperative service of the State on 02.08.1962 and later promoted as Co-operation Sub Registrar and attaining the age of superannuation, he retired from service on 31.08.1994. The grievance of the petitioner is that a charge memo under rule 17 (b) was issued against the petitioner as early as on 29.12.1997 and the enquiry was conducted and the petitioner also submitted his explanation and even after lapse of two decades no final orders have been passed therein and thereby, his terminal benefit have been stalled due to pendency of the departmental proceedings. Hence the petitioner has come forward with the present writ petition.

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4.The learned counsel for the petitioner while reiterating the above averments, he would submit that it would suffice to direct the respondent to pass final orders in the said disciplinary proceedings as expeditiously as possible, so that the petitioner's terminal benefits would get settled. 5.The learned Special Government Pleader appearing for the respondent while conceding the claim of the petitioner, would submit that if any such direction is given by this Court, the same would be complied with and the representation of the petitioner would be disposed of in accordance with law. 6.Considering the facts and circumstances of the case and the submissions made on either side, since the disciplinary proceedings have been pending for the last two decades, has no final orders have been passed by the respondent, the respondent is directed to conclude the disciplinary proceedings by passing final orders therein as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) // True Copy// Sub Assistant Registrar jrs To The Registrar of Cooperative Societies, Kilpak, Chennai 10.

+1cc to Mr.S.Venkataraman, Advocate, SR.No.97892. W.P.No.32920/2019 VBA(CO) CSR(26/11/2019) https://hcservices.ecourts.gov.in/hcservices/