Madras High CourtWP(MD)/3913/2020disposed of

K.Jansi Rani v. The Principal Secretary To Govt.,

2021-11-30Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.3306 of 2020 K.Jansi Rani ... Petitioner versus

1. The Principal Secretary to Government, Commercial Taxes and Registration (E1) Department, St. George Fort, Chennai.

2. The Additional Chief Secretary cum Commissioner of Commercial Taxes Officer, O/o. the Additional Chief Secretary cum Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 5.

3. The Joint Commissioner of Commercial Taxes Officer, O/o.The Joint Commissioner of Commercial Taxes, Commercial Taxes Building, Reserve Lane, Palayamkottai, Tirunelveli District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in CD1/4194/2016 dated 20.07.2017 on the file of the respondent No.2 and quash the same as illegal and consequently, direct the respondents to permit the petitioner to retire from service. For Petitioner : Mr.T.Ashwin Rajasimman for M/s.T.Lajapathi Roy For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader

ORDER

This writ petition has been filed challenging the charge memo dated 20.07.2017 and for a consequential direction to the respondents to permit the petitioner to retire from service. 1/3

2. The petitioner, while working as Assistant Commissioner of Commercial Taxes as the Departmental Representative in the office of the Appellate Deputy commissioner of Commercial Taxes, Tirunelveli, was placed under suspension on the verge of his superannuation, vide order dated 29.02.2016 and not allowed to retire from service. Thereafter, a charge memo dated 20.07.2017 was also issued, which is impugned in this writ petition.

3. Though the petitioner raised several grounds as against the charge memo issued against him, this Court deems it fit to issue a direction to the concerned disciplinary authority to conclude the enquiry, complete the disciplinary proceedings and pass final orders, within a period of three months from the date of receipt of a copy of this order. The petitioner is at liberty to raise all the grounds before the disciplinary authority.

4. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Ogy To

1. The Principal Secretary to Government, Commercial Taxes and Registration (E1) Department, St. George Fort, Chennai.

2. The Additional Chief Secretary cum Commissioner of Commercial Taxes Officer, O/o. the Additional Chief Secretary cum Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 5.

3. The Joint Commissioner of Commercial Taxes Officer, O/o.The Joint Commissioner of Commercial Taxes, Commercial Taxes Building, Reserve Lane, Palayamkottai, Tirunelveli District.

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+1 CC to M/s.SPL GP ( SR-36774[F] dated 01/12/2021 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-36896[F] dated 01/12/2021 ) 30.11.2021 SK(CO) KB(09.12.2021) 3P 6C 3/3