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Madras High CourtWP(MD)/4613/2020disposed of

J.Bellah v. The Additional Chief Secretary

2020-03-04Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.4613 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.4613 of 2020 J.Bellah .. Petitioner Vs.

The Additional Chief Secretary to Government, Rural Development & Panchayat Raj Department, Secretariat, Chennai - 9.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to finalize the disciplinary proceedings initiated against the petitioner, considering her representation dated 03.08.2019 and 19.09.2019 according to law expeditiously and pass such further or other orders.

For Petitioner : Mr.C.Godwin For Respondent : Mr.M.Rajarajan, Government Advocate.

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus to direct the respondent to finalize the disciplinary proceedings initiated against the petitioner in accordance with law, based on her representations, dated 03.08.2019 and 19.09.2019. 2.Mr.M.Rajarajan, learned Government Advocate takes notice for the respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The case of the petitioner is that the petitioner was working as Principal Election Officer (Panchayat) in the Tamil Nadu State Election Commission. She was allowed to retire from service on 31.05.2019 subject to the condition that the disciplinary proceedings, which was initiated against her in the year 2014, shall be continued. Though two enquiry officers were appointed and they submitted reports stating the charges were not proved, the respondent decided to deviate from the same and also directed her to submit her representation.

Though she submitted two representations, dated 03.08.2019 and 19.09.2019, the disciplinary proceedings were not yet completed. Hence, the present writ petition.

4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent and perused the materials available on record.

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

W.P(MD)No.4613 of 2020 5.The learned counsel appearing for the petitioner would pray that it would be suffice, if respondent is directed to finalize the disciplinary proceedings pending against the petitioner, in accordance with law, expeditiously.

6.Considering the limited scope of prayer sought for in the Writ petition, this Court, without adverting to the merits of the case, directs the respondent to pass final orders on the disciplinary proceedings initiated against the petitioner, after considering her representations, dated 03.08.2019 and 19.09.2019, on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order. 7.With the above directions, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) smn To The Additional Chief Secretary to Government, Rural Development & Panchayat Raj Department, Secretariat, Chennai - 9.

+1 CC to M/s.C.GODWIN, Advocate ( SR-10056[F] dated 04/03/2020 ) +1 CC to M/s.SPL.GP ( SR-10184[F] dated 05/03/2020 ) ORDER MADE IN W.P(MD)No.4613 of 2020 SMA/23/03/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2