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Madras High CourtWP/33836/2019disposed of

N.Zaheera v. The Principal Secretary To Government

2019-12-04Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.33836 of 2019 N.Zaheera ... Petitioner -Vs1. The Principal Secretary to Government, Health and Family Welfare (I-2) Department, Secreatariat, Chennai - 9.

2. The Director General of Police, Tamil Nadu, Chennai - 4.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent herein to conclude the oral enquiry in the charge memo initiated in Letter No.2009/I-2/2012-15, dated 21.10.2016 and pass final orders within the stipulated time.

For Petitioner : Mr.Ravi Shanmugam For Respondents : Mrs.K.Bhuvaneswari Additional Government Pleader

ORDER

This writ petition has been filed seeking for a writ of mandamus directing the 1st respondent to conclude the enquiry and pass final orders within a time that may be fixed by this Court.

2.It is seen from records that the petitioner joined as a Women Head Constable in the year 1981 and she was promoted to the post of Sub Inspector of Police in the year 2006 and was further promoted as Inspector of Police in the year 2010. In the year 2016, the 1st respondent initiated disciplinary proceedings against the petitioner and three others under the Tamil Nadu Civil Service (D & A) Rules. The charge has also been made under Rule 3(b) of the Rules against the petitioner. It is the claim of the petitioner that she has submitted her explanation to the

charge memo in the year 2017. Ultimately, the petitioner was allowed to retire from services on attaining the age of superannuation.

3.The petitioner has made a representation to the 1st respondent to conclude the enquiry, since, the retirement benefits of the petitioner are yet to be settled to the petitioner. Since, no final orders have been passed, the present writ petition has been filed seeking for appropriate direction. 4.Heard, Mr.Ravi Shanmugam, the learned counsel appearing on behalf of the petitioner and Ms.K.Bhuvaneswari, the learned Additional Government Pleader appearing on behalf of the respondents.

5.Taking into consideration the facts and circumstances of the case and the limited prayer that has been sought for by the petitioner, there shall be a direction to the 1st respondent to conclude the enquiry in the charge memo initiated in Letter No.2009/I-2/2012-15, dated 21.10.2016 and pass final orders within a period of six weeks from the date of receipt of copy of this order.

6.This writ petition is disposed of with the above direction. No Costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ssr To

1. The Principal Secretary to Government, Health and Family Welfare (I-2) Department, Secreatariat, Chennai - 9.

2. The Director General of Police, Tamil Nadu, Chennai - 4.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Ravi Shanmugam Advocate sr100901 +1 cc to the Government Pleader sr101648 W.P.No.33836 of 2019 aa09/12/2019