K.Paramasivan v. The Addl. Chief Sec. To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2020

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR K.Paramasivan

...Petitioner

-Vs1.The Additional Chief Secretary to Government, Rural Development and Panchayat Raj (E2) Department, Secretariat, Chennai-600 009.

2.The Director of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai-600 015.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent i.e., the Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, Chennai to pass appropriate orders on the charge memo initiated by the Director of Rural Development and Panchayat Raj, Chennai in R.C.No.8855/2015/VC2.1 dated 25.04.2017 particularly considering the earlier orders passed in G.O.(D)No.40 Rural Development and Panchayat Raj (E2) Department, dated 21.01.2015 on the same set of charges within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader

ORDER

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the first respondent i.e., the Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, Chennai to pass appropriate orders on the charge memo initiated by the Director of Rural Development and Panchayat Raj, Chennai in R.C.No.8855/2015/VC2.1 dated 25.04.2017 particularly considering the earlier orders passed in G.O.(D)No.40 Rural Development and Panchayat Raj (E2) Department, dated 21.01.2015 on the same set of charges within a specified time frame that may be fixed by this Court.

2.Heard Mr.S.Visvalingam, learned counsel appearing for the petitioner and Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents.

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3. The learned counsel appearing for the petitioner would submit that, the petitioner is working as a Assistant Executive Engineer against whom the disciplinary proceedings was initiated and in this regard, an enquiry was conducted and after completing the enquiry, the Enquiry Officer also has submitted his enquiry report on 09.12.2019 and the said enquiry report was served on the petitioner seeking further explanation from the petitioner, which also the petitioner promptly replied on 19.12.2019. Therefore, the enquiry has been completed in all respects and only final order has to be passed, however, for the past more than 6 to 7 months, no final order has been passed by the first respondent, therefore, the petitioner is before this Court with the aforesaid prayer.

4. The learned Additional Government Pleader appearing for the respondents would submit that, within a time frame to be stipulated by this Court the final order on the disciplinary proceedings conducted against the petitioner would be passed by the first respondent on merits and in accordance with law.

5. Considering the said submissions made by both sides, this Court is inclined to dispose of this writ petition, with the following direction:

" that the first respondent is hereby directed to pass final orders on the disciplinary proceedings initiated against the petitioner pursuant to which an enquiry report was submitted by the enquiry officer in letter No.11590/E2/2019-2, dated 09.12.2019 and pass orders thereon, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With this direction, the Writ Petition is disposed of. No costs.

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

(i) In view of the present lock down owing to COVID19 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, 2/3

shall be the responsibility of the advocate/litigant concerned.

To 1.The Additional Chief Secretary to Government, Rural Development and Panchayat Raj (E2) Department, Secretariat, Chennai-600 009.

2.The Director of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai-600 015.

Order made in 27.07.2020 VB (12.08.2020) 3P 3C 3/3