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Madras High CourtWP(MD)/12616/2018dismissed

K.Muthusamy v. The Disciplinary Authority

2018-06-13Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.12616 of 2018 and W.M.P(MD)No.11495 of 2018 K.Muthusamy ... Petitioner Vs.

1. The Disciplinary Authority, (Principal District Judge, Ramnad), Ramnad District Court Complex, Ramnad.

2. The Enquiry Officer, (District Munsif, Ramnad), District Munsif Court, Ramnad District Court Complex, Ramnad.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the departmental enquiry proceedings pending before the second respondent in D.E.No.1 of 2017 and quash the same.

For Petitioner : Mr.V.Lakshmanan

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus, to call for the records relating to the departmental enquiry proceedings pending before the second respondent in D.E.No.1 of 2017 and to quash the same. 2.The petitioner has challenged the charge-memo, dated 09.11.2016 issued by the District Munsif cum Judicial Magistrate, Thiruvadanai. Though the charge-memo was issued as early as on 09.11.2016, the petitioner has chosen to file the Writ Petition https://hcservices.ecourts.gov.in/hcservices/

only in June, 2018. In the affidavit filed in support of the petition, the petitioner has not uttered a single word for not filing the Writ Petition at the earliest point of time. Therefore, we are of the considered view that the Writ Petition has to be rejected solely on the ground of laches.

3.In the absence of any reason given by the petitioner for not challenging the impugned charge-memo, dated 09.11.2016 immediately, the Writ Petition is liable to be rejected on the ground of laches. Hence, we are not expressing any opinion with regard to the merits of the matter. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Principal District Judge, Ramanathapuram.

2. The District Munsif, Ramanathapuram.

Ps AE/SV MMS/SAR1/29.06.2018/2P/3C W.P(MD)No.12616 of 2018 AND W.M.P(MD)No.11495 of 2018 13.06.2018 https://hcservices.ecourts.gov.in/hcservices/