E.Rajan Ravichandran, v. The Agricultural Production

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.4526 of 2018 E.Rajan Ravichandran

...Petitioner

Vs.

1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai-600 009.

2.The Director of Horticulture and Plantation Crops, Ezhilagam, Chepauk, Chennai-600 005.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai, to pass appropriate orders on the disciplinary action pending in DCS 1/17144/12 dated 02.09.2013 of the then Commissioner of Horticulture and Plantation Crops, Chennai, which is pending from the year 2012, on merits and in accordance with law. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice on behalf of the respondents.

By consent of both the parties, the main Writ Petition is taken up for final disposal at the stage of admission itself. 2.Heard Mr.S.Visvalingam, learned counsel, appearing for the petitioner and Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader appearing for the respondents. 3.The petitioner was working as a Personal Assistant (Agriculture) to the District Collector, Tirunelveli District. He reached the age of superannuation on 31.03.2015. He was not allowed to retire from service. This was because, disciplinary action was pending against him. Charge memo was issued as early as on 02.09.2013.

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4.The learned counsel appearing for the petitioner submits that all the stages are over, however except passing of final orders. 5.This Court is of the view that the disciplinary action pending against the petitioner cannot be kept pending for an indefinite period of time.

6.This Court directs the first respondent to pass final orders on the pending disciplinary action against the petitioner, which was issued vide charge memo dated 02.09.2013 on or before 30.04.2018. 7.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai-600 009.

2.The Director of Horticulture and Plantation Crops, Ezhilagam, Chepauk, Chennai-600 005.

+1cc to M/S.S.Visvalingam, Advocate SR.No. 52460 W.P.(MD).No.4526 of 2018 02.03.2018 tsg JM/SKN RSK/SAR 2/08.03.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/