S.Shanthi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH S.Shanthi W/o.Joseph Peter

...Petitioner

Vs 1.The Secretary to Government, Adi Dravidar and Tribal Welfare [ADWI] Department, Secretariat, Chennai - 9.

2.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai - 5.

3.The District Collector, Tiruvannamalai District.

4.The Commissioner, Tribunal for Disciplinary Proceedings, Chennai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to dispose of the disciplinary proceedings initiated in TDP.Case No.10/2019, dated 18.10.2019.

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For Petitioner : Mr.K.N.Pandian For Respondents : Mrs.V.Yamuna Devi Special Government Pleader

ORDER

With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The limited prayer sought for in this Writ Petition is for a direction to the first and second respondents herein to pass final orders in the disciplinary proceedings initiated in TDP Case No.10 of 2019 within a stipulated time.

3. It is needless to point out that whenever a disciplinary proceedings is initiated against a delinquent, there is a duty cast on the Disciplinary Authority to pass final orders on the Disciplinary Proceedings expeditiously. The delay in concluding the disciplinary proceedings would amount to dereliction of duties and this Court would be justified in directing the authority to pass final orders on the Disciplinary Proceedings within a stipulated time, in exercise of its 2/5

powers under Article 226 of the Constitution of India.

4. In the light of the above observations, there shall be a direction to the first and second respondents herein to pass final orders in the disciplinary proceedings initiated in TDP Case No.10 of 2019 on its own merits and in accordance with law, within a period of one month from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

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To 1.The Secretary to Government, Adi Dravidar and Tribal Welfare [ADWI] Department, Secretariat, Chennai - 9.

2.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai - 5.

3.The District Collector, Tiruvannamalai District.

4.The Commissioner, Tribunal for Disciplinary Proceedings, Chennai.

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M.S.RAMESH,J.

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