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Madras High CourtWP/33849/2018disposed of

Ans Gunaasegharan v. The Principal Secretary And Transport Commissioner

2018-12-20Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.33849 of 2018 ANS Gunaasegharan ....

Petitioner Vs 1.The Principal Secretary and Transport Commissioner Chepauk, Chennai 600 005.

2.The Commissioner for Disciplinary Proceedings, Coimbatore, 5/1842-A, Trichy Road Market Committee Complex Ramanathapuram, Coimbatore 641045.

....

Respondents For Petitioner :

Mr.A.Ganesan For Respondents:

Mr.A.N.Thambidurai, Spl.Govt.Pleader Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st respondent to conclude the disciplinary proceedings in TDP Case No.48/2008 of the Tribunal for Disciplinary Proceedings, Coimbatore pending with him and pass final orders withina reasonable time as deem fit by this Court.

O R D E R

This writ petition has been filed seeking direction to the first respondent to conclude the disciplinary proceedings in TDP Case No.48/2008 pending on the file of the Tribunal for Disciplinary Proceedings, Coimbatore.

2. Learned counsel for the petitioner submits that the second respondent issued a charge memo against the petitioner on 24.07.2009, completed the enquiry and sent the enquiry report to the first respondent on 20.12.2016. Further explanation was sought for from the petitioner and the petitioner submitted his https://hcservices.ecourts.gov.in/hcservices/

further explanation on 27.07.2017. Thereafter, the petitioner was suspended on 29.01.2018, and was not permitted to retire from service on attaining superannuation on 31.01.2018. Hence, the petitioner submitted a representation to the first respondent on 02.03.2018 and 04.09.2018, to pass final orders on the disciplinary proceedings. The first respondent has not replied to the said representations till date, which has made the petitioner to file the present writ petition.

3. Learned counsel for the petitioner submits that the disciplinary proceedings, which was initiated in the year 2009 has not been completed till date despite several representations. Learned counsel further submits that the enquiry report dated 20.12.2016 should have been considered and the final orders should have been passed atleast at the time of retirement of the petitioner in 2018, but even thereafter, it has not been considered.

4. Under the circumstances, the respondents are directed to conclude the disciplinary proceedings and pass final orders, within a period of eight weeks from the date of receipt of a copy of the order. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kst To 1.The Principal Secretary and Transport Commissioner, Chepauk, Chennai 600 005. 2.The Commissioner for Disciplinary Proceedings, Coimbatore, 5/1842-A, Trichy Road Market Committee Complex,Ramanathapuram, Coimbatore 641045.

+1cc to Mr.C.Prakasan, Advocate Sr.88650 W.P.No.33849 of 2018 ad[co] srg 25/01/2019 https://hcservices.ecourts.gov.in/hcservices/