Madras High CourtWP(MD)/15181/2015disposed of

A. Suresh Fredrick Clement v. The Additional Chief Secretary

2015-08-24Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.08.2015 Coram THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.15181 of 2015 A.Suresh Fredrick Clement .. Petitioner Vs.

1.The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk Chennai 600 005.

2.The District Collector, Madurai District, Madurai - 625 020.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first and second respondents i.e. the Commissioner of Revenue Administration, Chennai and the District Collector, Madurai to pass appropriate orders in the disposal of the disciplinary action initiated by the District Collector, Madurai in his memo No.A5/59698/2012 dated 10.01.2014 on merits and in accordance with law within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.J.Gunaseelan Muthiah Govt.Advocate

ORDER

Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents.

2. This writ petition has been filed by A.Suresh Fredrick Clement, directing the respondents to complete the pending enquiry and pass final order on the disciplinary proceedings.

3. The learned counsel appearing for the petitioner would submit that the petitioner who was subjected to disciplinary proceedings initiated under Rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules, has fully cooperated with the departmental proceedings. As a result, enquiry was conducted and the Enquiry Officer submitted his report on 16.10.2014. But the second respondent has sought instructions from the first respondent for disposal of the disciplinary action. Hence, the petitioner has made a representation before the first respondent and the same has not been considered so far. The learned counsel also submits https://hcservices.ecourts.gov.in/hcservices/

that since the petitioner is awaiting for promotional avenues, if the disciplinary authority passes final order, no one will be prejudiced.

4. Considering the limited prayer sought for in the writ petition and also taking into account the fact that the enquiry officer has already submitted a report on 16.10.2014, the respondents are hereby directed to complete the disciplinary proceedings and pass final orders within a period of eight weeks from the date of receipt of copy of this order.

5. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar.

To 1.The Additional Chief Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai 600 005.

2.The District Collector, Madurai District, Madurai - 625 020.

+1CC to Mr.s.Visvalingam, Advocate, SR.No. 48581 +1CC to The Special Government Pleader SR.No.48895 WP(MD)No.15181 of 2015 24.08.2015 AM/14.09.2015/GSV.PM/SAR-II/2P/5C https://hcservices.ecourts.gov.in/hcservices/