Madras High CourtWP(MD)/14786/2019disposed of

M.Manimegalai, v. The District Collector,

2019-07-03Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.14786 of 2019 and W.M.P.(MD)No.11202 of 2019 M.Manimegalai ... Petitioner Vs.

1.The District Collector, Pudukkottai District.

2.The Enquiry Officer, Personal Assistant to the District Collector, Pudukkottai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent herein to complete the enquiry and file a final report, within a reasonable time as may be fixed by this Court in respect of Charge Memo in Na.Ka.Pa1/9548/2016-1, dated 03.05.2017, issued by the first respondent.

For Petitioner : Mr.C.Christopher For Respondents : Mr.Aaiyram K.Selvakumar Additional Government Pleader

ORDER

The petitioner has come up with the present Writ Petition for a Mandamus, directing the second respondent herein to complete the enquiry and file a final report, within a reasonable time as may be fixed by this Court in respect of Charge Memo in Na.Ka.Pa1/9548/2016-1, dated 03.05.2017, issued by the first respondent.

2.Mr.Aayiram K.Selvakumar, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final hearing at the admission stage itself.

3.According to the petitioner, her date of superannuation fell on 31.05.2019 and she was placed under suspension on 30.05.2019, i.e., one day prior to her retirement, for the allegations of lacking in supervision. The first respondent appointed the second respondent as enquiry officer on 31.10.2018, to https://hcservices.ecourts.gov.in/hcservices/

conduct enquiry, but, till date, no enquiry was conducted. Hence, the petitioner has filed the present Writ Petition for the relief stated supra.

4.The learned Additional Government Pleader submitted that if there is no legal impediment, the enquiry will be conducted by the second respondent, within a time frame to be fixed by this Court. 5.Recording the abovesaid submission made by the learned Additional Government Pleader, without expressing any opinion on the merits of the claim made by the petitioner, this Court directs the second respondent to conduct an enquiry after providing an opportunity of personal hearing to the petitioner, by following the procedures as contemplated under the Rules, complete the enquiry and submit a report before the authorities concerned, within a period of eight months from the date of receipt of a copy of this order. 6.The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar(CS- ) smn2 To 1.The District Collector, Pudukkottai District.

2.The Enquiry Officer, Personal Assistant to the District Collector, Pudukkottai District.

+1 CC to M/s.C.CHRISTOPHER, Advocate ( SR-73091[F] dated 03/07/2019 ) +1 CC to M/s.SPL GP ( SR-73433[F] dated 04/07/2019 ) W.P.(MD)No.14786 of 2019 03.07.2019 ES/18.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/