Madras High CourtWP/34508/2018disposed of

C.Sekar v. The State Of Tamil Nadu

2019-01-07Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2019

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.34508 of 2018 C.Sekar ...Petitioner Vs The State of Tamil Nadu rep.by its Additional Chief Secretary to Government Home (Transport II) Department, Secretariat Chennai - 600 009.

...Respondents

For Petitioner :

M/s.A.Ganesan For Respondent :

Mr.R.S.Selvam Government Advocate Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondent to conclude the disciplinary proceedings on the charge memo issued against the petitioner in Memo No.3117/A2/ 2012 dated 22.04.2014, pending with him and pass final orders thereon within a reasonable time as deem fit by this Honourable Court.

O R D E R

This writ petition has been filed seeking direction to the respondent to conclude the disciplinary proceedings initiated against the petitioner in respect of the charge memo dated 22.04.2014.

2. The petitioner was issued with a charge memo dated 22.04.2014 under ule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules. On 18.04.2015, the Transport Commissioner appointed enquiry officer to enquire on the charges againt the petitioner. The petitioner was suspended from service on 30.05.2014 and he was not permitted to retire. However, as no final orders are passed, the petitioner approached the respondent by a representation dated 16.05.2018, which also did not evoke any response. Hence the writ petition.

3. Mr.R.S.Selvam, learned Government Advocate takes notice for the respondents.

4.Keeping the enquiry pending for 4 years, especially even after the period of superannuation of the petitioner is illegal. 4.1. In the above circumstances, this writ petition is disposed of directing the respondent to conclude the https://hcservices.ecourts.gov.in/hcservices/

disciplinary proceedings on the charge memo issued against the petitioner in Memo dated 22.04.2014, within a period of one month from the date of receipt of a copy of this order and pass order final orders, within a period of four weeks thereafter. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Kst To The State of Tamil Nadu rep.by its Additional Chief Secretary to Government Home (Transport II) Department, Secretariat Chennai - 600 009.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.1203 +1cc to the Government Pleader, S.R.No.1880 W.P.No.34508 of 2018 AD(CO) rrs 20/02/2019 https://hcservices.ecourts.gov.in/hcservices/