D.Chandrasekaran, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.NO.27256 OF 2017 AND W.M.P.NOS.29104 & 29105 OF 2017 D.Chandrasekaran ... Petitioner .Vs.
1. The Secretary to Government, The Tamil Development and Information Department and S&P-1, Secretariat, Fort St. George, Chennai-600 009.
2. The Director, The Directorate of Stationary and Printing, 110, Anna Salai, Chennai-600 002.
3. Mr.J.Jayakandhan, IAS, The Director, The Directorate of Stationary and Printing, 110, Anna Salai, Chennai-600 002.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent pertaining to the Charge Memo issued vide proceedings in No.R1/3575/2016-1 dated 19.02.2016, ending with order in proceedings Dir.No.R1/3575/2016 dated 31.03.2016 and quash the same and consequently direct the respondents herein to allow the petitioner to retire from service and forthwith settle all the retirement and pensionary benefits to the petitioner. For Petitioner : Mr.Vinoth Kumar For Respondents : Mr.K.V.Sajeev Kumar Government Counsel
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
2. The impugned proceedings dated 19.02.2016 is a set of charges framed against the petitioner alleging certain misconduct. Pending the writ petition, the petitioner herein had reached the age of superannuation on 31.03.2016 and on which date, the third respondent herein had passed an order by not permitting the petitioner to retire, pending the proceedings.
3. The learned counsel for the petitioner, though have raised several grounds challenging the validity of the charge memo, would fairly submit that if a time limit is given to the Enquiry Officer to complete the disciplinary proceedings, they would be satisfied.
4. Considering the age of the petitioner, this Court is of the view that the request made by the learned counsel for the petitioner seems reasonable.
5. Accordingly, there shall be a direction to the Enquiry Officer/third respondent herein to complete the enquiry proceedings issued through the impugned charge memo dated 19.02.2016, as expeditiously as possible, in any event, within a period of 12 weeks from the date of receipt of copy of this order.
6. With the above direction, the writ petition stands disposed off. Consequently, connected miscellaneous petitions are also closed. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sbn To
1. The Secretary to Government, The Tamil Development and Information Department and S&P-1, Secretariat, Fort St.George, Chennai-600 009.
2. The Director, The Directorate of Stationary and Printing, 110, Anna Salai, Chennai-600 002.
3. Mr.J.Jayakandhan, IAS, The Director, The Directorate of Stationary and Printing, 110, Anna Salai, Chennai-600 002.
+1cc to Mr.G.Arulmurugan, Advocate, S.R.No.31542 W.P.NO.27256 OF 2017 AND W.M.P.NO.29104 & 29105 OF 2017 JPL(CO) PBS/11/08/2021