Rathinam.M v. The Director Of Rural Development And Panchayat Raj

W.P.[MD].No.1661 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.[MD].No.1661 of 2022 M.Rathinam ... Petitioner Vs.

1.The Director of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-600 015.

2.The District Collector, Karur District, Karur.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to conclude the disciplinary proceeding which was initiated against the petitioner by the second respondent in Na.Ka.No.Baval/1388/2017 dated 22.01.2018 expeditiously. For Petitioner : Mr.G.R.Satish For Respondents : Mr.V.Nirmal Kumar Government Advocate

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to conclude the disciplinary proceedings initiated as against the petitioner by the second respondent on 22.01.2018, within a reasonable time.

2. Mr.G.R.Satish, learned counsel appearing for petitioner submits the petitioner, who served as Block Development Officer, was not allowed to retire in the year 2018 and he was issued with a charge memo. He further submits that though the enquiry was concluded in the year 2018, the respondents have not passed any orders and the petitioner is still kept under suspension.

3. Mr.V.Nirmal Kumar, learned Government Advocate, who takes notice for the respondents, produces a copy of the written instructions of the District Collector, Karur, in which, it has been stated that eight charges have been framed as against the petitioner, the Enquiry Officer was also appointed and after conducting enquiry, the Enquiry Officer has submitted a report to the second respondent in the month of April 2018 and the same was forwarded to the first respondent on 14.08.2018. It is the first respondent, who has to take decision based on the enquiry report. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD].No.1661 of 2022

4. Considering the rival submissions made, this Writ Petition is disposed of with a direction to the first respondent to take a decision, based on the enquiry report, within a period of six weeks from the date of receipt of a copy of this order. It is needless to state that if the first respondent differs from the findings of the Enquiry Officer, sufficient opportunity of second show cause notice may be issued to the petitioner and the first respondent may allow the petitioner to provide explanation if any. No costs. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To 1.The Director of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-600 015.

2.The District Collector, Karur District, Karur.

+1 CC to M/s.G.R.SATISH, Advocate ( SR-2875[F] dated 28/01/2022 ) +1 CC to M/s.SPL.GP ( SR-3116[F] dated 31/01/2022 ) W.P.[MD].No.1661 of 2022 28.01.2022 SRK(CO) GC(07.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2