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Madras High CourtWP/31348/2018disposed of

S.Ramesh v. District Collector

2018-12-06Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.31348 of 2018 S.Ramesh ....

Petitioner Vs 1.District Collector District Collectorate, State Bank Road Gopalapuram, Coimbatore - 641 018.

2. Director of Town Panchayats Directorate of Town Panchayats Kuralagam, Chennai 600 018.

3.Assistant Director of Town Panchayats Coimbatore Zone, Coimbatore-641 018.

4.Executive Officer Moppiripalayam Town Panchayat Gandhi Kadai Street, Vagarayampalayam Coimbatore - 641 659.

5.V.Murugesan, Enquiry Officer cum Erstwhile Primary Executive Officer (Accounts) O/o Assistant Director of Town Panchayats Coimbatore Zone, Coimbatore 18.

....

Respondents For Petitioner :

M/s.I.Jenkins William For Respondents :

Mr.K.RajendraPrasad, Additional Govt.Pleader Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to pass appropriate final orders in the disciplinary proceedings initiated vide charge memo dated 23.12.2014 on the file of the first respondent by considering the petitioner representation dated 18.10.2018 within a time to be stipulated by this Honourable Court.

O R D E R

Petitioner, who was working as Junior Assistant in the fourth respondent Panchayat, was placed under suspension by an order dated 15.07.2014 invoking Rule 17(e) of the Tamil Nadu Civil Services (D&A) Rules on the ground that enqiry into grave charges against him is contemplated. The petitioner has earlier filed W.P.No.6670 of 2015 for directing the respondents to pay the subsistence allowance, which was allowed by an order dated 11.04.2016.

2. It is the claim of the petitioner that despite the enquiry report being submitted by the fifth respondent, further explanation has been sought for from the petitioner and even after the submission of further explanation, the enquiry proceedings has not been completed. Therefore, the petitioner has submitted a representation dated 18.10.2018 seeking early disposal of the enquiry proceedings. As the same has not been considered, the petitioner has filed the present writ petition

3. Mr. A.N.Thambidurai, learned Addl. Government Pleader takes notice for the respondents.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

4A. It is the right of the petitioner to have a fair and speedy completion of enquiry and it is the duty of the respondents to ensure the same.

5. Considering the facts and circumstances, this writ petition is disposed of directing the respondents to complete the enquiry proceedings and pass orders thereon, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar KST To 1.The District Collector District Collectorate, State Bank Road Gopalapuram, Coimbatore - 641 018.

2. The Director of Town Panchayats Directorate of Town Panchayats Kuralagam, Chennai 600 018.

3.The Assistant Director of Town Panchayats Coimbatore Zone, Coimbatore-641 018.

4.The Executive Officer Moppiripalayam Town Panchayat Gandhi Kadai Street, Vagarayampalayam Coimbatore - 641 659.

+2cc to Mr.I.Jenkins William, Advocate, S.R.No.84582 W.P.No.31348 of 2018 SSI(CO) GSP(31/12/2018)