← Library
Madras High CourtWP(MD)/406/2022disposed of

Saravanan.K v. The Director Of Municipal Administration

2022-01-11Honourable Mr Justice B.Pugalendhi2 pages

W.P (MD) No. 406 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P (MD) No. 406 of 2022 K.Saravanan ... Petitioner -Vs1. The Director of Municipal Administration, No.75, Santhom High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Regional Director of Municipal Administration, Arisipalayam, Salem - 636 009.

3. The Commissioner, Kulithalai Municipality, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to conclude the disciplinary proceeding which was initiated against the petitioner vide the charge memo dated 08.10.2021 in Na.Ka.No.10053/2020/C2-5 expeditiously and reinstate the petitioner into service forthwith by considering the petitioner's representation dated 13.12.2021. For Petitioner : Mr.G.R.Satish for N.K.Mr.Ponraj For Respondents : Mr.P.T.Thiraviam Government Advocate

O R D E R

This Writ Petition is filed to direct the first respondent to conclude the disciplinary proceedings initiated against the petitioner vide charge memo dated 08.10.2021 expeditiously and reinstate the petitioner into service forthwith, by considering the petitioner's representation dated 13.12.2021.

2. Mr.P.T.Thiraviam, learned Government Advocate appearing for the respondents submits that the charge memo was issued only on 08.10.2021 and the petitioner has also submitted his reply on 01.11.2021. Therefore, the Enquiry Officer is yet to be appointed and if the petitioner is co-operated for the enquiry, it would be concluded within a period of six months.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD) No. 406 of 2022

3. Considering the rival submissions, this Court directs the first respondent / Disciplinary Authority to appoint an Enquiry Officer for conducting the enquiry within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the Enquiry Officer shall conduct the enquiry and conclude the same within a period of six months from thereon. The petitioner is expected to co-operate for the enquiry.

4. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) vji Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1. The Director of Municipal Administration, No.75, Santhom High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Regional Director of Municipal Administration, Arisipalayam, Salem - 636 009.

3. The Commissioner, Kulithalai Municipality, Karur District.

1 CC to M/s.SPL.GP ( SR-1495[F] dated 12/01/2022 ) +1 CC to M/s.N.K.PONRAJ, Advocate ( SR-1142[F] dated 11/01/2022 ) W.P (MD) No. 406 of 2022 11.01.2022 SS(05.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2