Madras High CourtWP(MD)/7204/2019disposed of

E.Pitchai, v. The Director Of Social Welfare

2019-03-27Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2019

CORAM

THE HON'BLE Mr.JUSTICE R.MAHADEVAN WP(MD)No.7204 of 2019 E.Pitchai ... Petitioner -vs1.The Director of Social Welfare, Social Welfare Department, Saidapet, Chennai - 600 002.

2.The District Social Welfare Office, Collectorate Complex, Sivagangai - 630 561.

Sivagangai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the first respondent i.e., the Director of Social Welfare, Social Welfare Department, Chennai to dispose of the disciplinary action on merits and in accordance with law and to make disbursement of subsistence allowance without any arrears.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.C.M.Marichellaiah Prabhu, Additional Government Pleader

O R D E R

The writ petition has been filed seeking to direct the first respondent to pass orders on the disciplinary proceedings initiated against the petitioner, on merits and in accordance with law and to make disbursement of subsistence allowance without any arrears.

2.Heard both sides. By consent, the writ petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that though the proceedings initiated against him were departmentally over a long back, the final orders, on the basis of the enquiry conducted, have not been passed right from the year 2017. Hence, seeking https://hcservices.ecourts.gov.in/hcservices/

appropriate directions to the respondents, the petitioner is before this Court.

4.The learned Additional Government Pleader appearing for the respondents fairly submitted that the final orders, on the basis of the enquiry conducted, would be passed by the first respondent within a time frame stipulated by this Court. 5.Under these circumstances, this Court, without going into the merits of the case, directs the 1st respondent, to pass final orders, on the departmental proceedings initiated against the petitioner, on merits and in accordance with law and also in the light of the enquiry conducted, within a period of three weeks from the date of receipt of a copy of this order. While doing such an exercise, the first respondent shall strictly comply with the principles of natural justice by affording an opportunity of personal hearing to the petitioner.

6.The writ petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) To 1.The Director of Social Welfare, Social Welfare Department, Saidapet, Chennai - 600 002.

2.The District Social Welfare Office, Collectorate Complex, Sivagangai - 630 561.

Sivagangai District.

+1 CC to M/s.S.VISVALINGAM, Advocate ( SR-56798[F] dated 27/03/2019 ) DSK WP(MD)No.7204 of 2019 27.03.2019 KM/(23.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/