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Madras High CourtWP(MD)/12300/2018disposed of

Thondeeswaran, v. The Secretary To Government

2018-06-08Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.12300 of 2018 and W.M.P(MD)No.11181 of 2018 Thondeeswaran, District Employment Officer (DEO), O/o.the District Employment Office, K.Pudur, Madurai -07.

... Petitioner Vs.

1.The Secretary to Government of Tamil Nadu, Labour and Employment, Fort St. George, Chennai - 09.

2.The Director of Employment and Training, SIDCO Industrial Estate, Guindy, Chennai - 32.

3.Enquiry Officer/Regional Joint Director(Employment), Government ITI Campus, G.N.Mills Post, Coimbatore - 29. ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to pass final order as per the enquiry report submitted by the third respondent in Oo.Na.2/7981/2014 dated 19.04.2017 holding that 8 specific charges against the petitioner stand proved under Rule 17(B) of Tamilnadu Government Servants (Discipline and Appeal Rules) 1955.

For Petitioner : Mr.R.Senthil Kumar For Respondents : Mrs.S.Srimathy, Special Government Pleader

ORDER

The prayer sought for herein is for a Writ of Mandamus, directing the second respondent to pass final order as per the enquiry report submitted by the Enquiry Officer in Oo.Na.2/7981/2014 dated 19.04.2017 holding that eight specific charges against the petitioner stand proved under Rule 17(B) of Tamilnadu Government Servants (Discipline and Appeal Rules) 1955.

2. Heard Mr.R.Senthil Kumar, learned counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for respondents.

3. The petitioner is working as a District Employment Officer. Disciplinary proceedings was initiated against him both under Sections 17(A) and 17(B) of the General Rules and insofar as 17(A) charge is concerned, punishment was awarded on 14.06.2017, as against which, the petitioner filed an appeal before the appellate authority on 18.06.2017. Insofar as 17(B) charge is concerned, enquiry was conducted and the Enquiry Officer has given his report on 19.04.2017.

4. In spite of the fact that the Enquiry Officer has given his report as early as on 19.04.2017, so far, the Disciplinary Authority ie., the second respondent has not passed any final order on the disciplinary proceedings. Because of the delay in passing the final order in the disciplinary proceedings, the petitioner is losing his promotional avenues. Therefore, the petitioner is before this Court.

5. The learned counsel appearing for the petitioner would submit that if a direction is given to the respondents, especially, the second respondent to pass final orders pursuant to the enquiry report dated 19.04.2017 on the disciplinary proceedings initiated against the petitioner, within a time frame that may be fixed by this Court, the petitioner would be satisfied.

6. I have heard the learned Special Government Pleader in this regard, who would submit that the second respondent being the Disciplinary Authority, will consider and pass orders based on the Enquiry Report submitted to him.

7. I have considered the said submission made by both sides.

8. In view of the innocuous prayer sought for by the petitioner in this writ petition, I am inclined to pass the following order by disposing the Writ Petition.

"That the second respondent is directed to consider the enquiry report submitted to him by the Enquiry Officer, dated 19.04.2017 and pass final orders thereon, on merits and in accordance with law, within a period of

eight weeks from the date of receipt of a copy of this order."

9. With this direction, the Writ Petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To:

1.The Secretary to Government of Tamil Nadu, Labour and Employment, Fort St. George, Chennai - 09.

2.The Director of Employment and Training, SIDCO Industrial Estate, Guindy, Chennai - 32.

3.Enquiry Officer/Regional Joint Director(Employment), Government ITI Campus, G.N.Mills Post, Coimbatore - 29.

+1cc to Mr.R.Senthil Kumar, Advocate, SR.No.67450. +1cc to Special Government Pleader, SR.No.67573. W.P(MD)No.12300 of 2018 08.06.2018 pm RAM/RP/SAR 2/16.07.2018/3P/6C