R. Nandagopalakrishnan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH R. Nandagopalakrishnan ... Petitioner Vs.

1.The Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 09.

2.The Commissioner of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai - 15.

3.The District Collector, Villupuram District, Villupuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pass final order in the disciplinary proceedings initiated against the petitioner vide charge memo dated 22.03.2022 within a reasonable time as fixed by this Court.

For Petitioner : Mr.S. Sivakumar For Respondents : Mr.M. Bindran, Additional Government Pleader 1/4

ORDER

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

2. In connection with the Charge Memo dated 22.03.2022, framed under Rule 17(B) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, the petitioner was subjected to an inquiry. Though, more than one year has passed since the charges were framed, the inquiry is still pending. In this background, the petitioner has sought for a direction to the respondents to complete the inquiry, within a stipulated time.

3. In service jurisprudence, when the inquiry is kept pending without conclusion, for an inordinate period, this Court has frowned upon such inaction and had also interfered and quashed the Charge Memos on the ground of pendency for a long period. However, in this case, this Court is of the view that the respondents can be directed to expedite the inquiry and pass final orders in the stipulated time.

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4. In the light of the above discussion, there shall be a direction to the respondents herein, to complete the disciplinary proceedings initiated against the petitioner, if not already completed, within a period of three (3) months from the date of receipt of a copy of this order.

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

15.12.2023 Index:Yes/No Sni To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 09.

2.The Commissioner of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai - 15.

3.The District Collector, Villupuram District, Villupuram.

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M.S.RAMESH,J.

Sni 15.12.2023 4/4