M.Rajaram v. Commissioner Milk Production &

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14923 of 2015 and M.P(MD)No.1 of 2015 M.Rajaram ... Petitioner Vs.

1.Commissioner, Milk Production & Dairy Department, Madhavaram Milk Colony, Chennai-600 051.

2.General Manager, Aavin Milk Dairy, VRD 793, Sivagangai District Co-operative Milk Producers Union ltd., Karaikudi, Sivagangai District.

3.Chairman, Aavin Milk Dairy, VRD 793, Sivagangai District Co-operative Milk Producers Union Ltd., Karaikudik, Sivagangai District.

4.Deputy Registrar, Dairy, Virudhunagar District.

.. Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent Nos.1 to 3 herein to complete the enquiry proceedings pending against the petitioner herein and alternatively consider the promotion of the petitioner herein for the post of Manager (Milk Production), on seniority basis as there was no Pending enquiry or charges on the Crucial date of promotion of the petitioner.

For Petitioner : Mr.T.Lajapthi Roy For Respondents : Mr.T.R.Janarthanam Additional Government Pleader

O R D E R

This writ petition has been filed by Mr.M.Rajaraj, who has been subjected to departmental proceedings pursuant to the charge memo dated, 04.04.2012 and 27.04.2012 issued against the petitioner, seeking mandamus directing the first respondent to pass final order since enquiry officer has filed his report on 25.02.2015, subsequently, the petitioner also submitted his further representation on 10.04.2015 and on 12.08.2015. https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.T.R.Janarthanam, learned Additional Government Pleader takes

notice for the respondent and heard the learned counsel appearing for the petitioner.

3.The learned counsel for the petitioner in support of his submission to impress upon this Court that the enquiry officer has already completed the enquiry and submitted his report on 25.02.2015. Subsequently, the petitioner on receipt of show cause notice to submit his written representations, dated 10.04.2015 and 12.08.2015, but till date, the respondents have not pass any orders on the representations. 4.Considering the fact that the enquiry officer has already submitted his report, pursuant to that the petitioner also filed his written representations, this Court, directs the first respondent to complete the entire exercise, preferably within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected M.P(MD)No.1 of 2015 is also closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar am To 1.Commissioner, Milk Production & Dairy Department, Madhavaram Milk Colony, Chennai-600 051.

2.General Manager,Aavin Milk Dairy, VRD 793, Sivagangai District Co-operative Milk Producers Union ltd., Karaikudi, Sivagangai District.

3.Chairman, Aavin Milk Dairy, VRD 793, Sivagangai District Co-operative Milk Producers Union Ltd., Karaikudik, Sivagangai District.

4.Deputy Registrar, Dairy, Virudhunagar District. +1CC to Mr.T.Lajapathi Roy Advocate Sr.No.47846 GJM/AN/MP/14.9.15-2P-6C W.P.(MD)No.14923 of 2015 19.08.2015 https://hcservices.ecourts.gov.in/hcservices/