Madras High CourtWP(MD)/6029/2019disposed of

A.Balaiah, v. State Of The Tamil Nadu

2019-03-14Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.6029 of 2019 A.Balaiah ... Petitioner Vs.

1.State of Tamil Nadu, Represented by its Additional Chief Secretary, Previously known as Principal Secretary, Commercial Taxes and Registration Department, Secretariat, Chennai - 9.

2.The Additional Chief Secretary / Commissioner of Commercial Taxes, Previously known as Principal Secretary, Commercial Taxes and Registration Department, Chepauk, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondent No.2 to complete the disciplinary proceedings initiated against the petitioner and to disburse the retirement benefits and pension along with other consequential benefits to the petitioner within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathy Roy, For Respondents : Mr.V.Anand, Government Advocate

ORDER

This writ petition has been filed seeking to direct the 2nd respondent to complete the disciplinary proceedings initiated against the petitioner and to disburse the consequential benefits to him.

2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3.The grievance of the petitioner is that his representation dated 28.12.2018, requesting the 2nd respondent, to conclude the disciplinary proceedings pending against him and to disburse the https://hcservices.ecourts.gov.in/hcservices/

retirement benefits, has not seen any light so far. Hence, seeking necessary directions to the 2nd respondent, the petitioner is before this Court.

4.The learned Government Advocate, appearing for the respondents, on instructions, submitted that the grievances of the petitioner would be dealt with on merits.

5.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 28.12.2018, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and pass necessary orders within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Additional Chief Secretary, Previously known as Principal Secretary, Commercial Taxes and Registration Department, Secretariat, Chennai - 9.

2.The Additional Chief Secretary / Commissioner of Commercial Taxes, Previously known as Principal Secretary, Commercial Taxes and Registration Department, Chepauk, Chennai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-54393[F] dated 15/03/2019 ) +1 CC to M/s.SPL GP ( SR-54521[F] dated 15/03/2019 ) dsk ORDER MADE IN WP(MD)No.6029 of 2019 14.03.2019 KM/(10.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/