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Madras High CourtWP(MD)/6546/2020disposed of

A.Gajendran v. The Principal Secretary

2020-06-09Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN A.Gajendran Petitioner Vs.

1. The Principal Secretary, Fort St. George, Secretariat, Chennai - 600 009.

2. The Commissioner of Adi Dravidar Welfare, Chepauk, Chennai - 600 005.

3. The District Collector, Madurai District, Madurai.

4. The District Adi Dravidar and Tribal Welfare Officer, Collectorate Campus, Madurai.

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to complete the disciplinary proceeding in pursuance of the Charge Memorandum issued against the petitioner vide Na.Ka.No.6/2000/Aathi 7 dated 29.10.2018 by the 3rd respondent and pass final order, within time frame fixed by this Hon'ble Court. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The Writ Petition is filed in the nature of Mandamus seeking a direction to the respondent to complete the disciplinary 1/3

proceeding pursuant to the charge memorandum issued to the petitioner on 29.10.2018 by the 3rd respondent, the District Collector, Madurai.

2. Mr.M.Rajarajan, learned Government Advocate, takes notice on behalf of the respondents. By consent of both parties, the Writ Petition is disposed of at the stage of admission itself.

3. Since this Writ Petition is for issuing Mandamus seeking a direction to pass final orders, it may not be appropriate on the part of this Court to examine the facts of the case. However, suffice to point out that on 12.02.2019, enquiry officer had passed final orders in the Enquiry and therefore show cause notice was also issued to the petitioner and the petitioner had given his representation too and he was also called for his personal hearing on 20.05.2019. Further, it is stated that the final order has not yet been passed by the third respondent so far.

4. In view of the fact that the enquiry report can not be kept pending without passing any orders, a direction is hereby issued to the third respondent to pass final orders on or before 15.07.2020.

5. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Principal Secretary, Fort St. George, Secretariat, Chennai - 600 009.

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2. The Commissioner of Adi Dravidar Welfare, Chepauk, Chennai - 600 005.

3. The District Collector, Madurai District, Madurai.

4. The District Adi Dravidar and Tribal Welfare Officer, Collectorate Campus, Madurai.

Order made in 09.06.2020 SDS (17.06.2020) 3P-5C 3/3