Madras High CourtWP(MD)/16815/2015disposed of

R.Bose v. The Secretary To Goverment

2019-03-05Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.16815 of 2015 B.Bose ... Petitioner Vs.

1.The Secretary to Government, Co-Operative Food and Consumer Protection Department, St Georege Fort, Chennai.

2.The Registrar of Co-Operative Societies, Office of the Registrar of Co-Operative Societies, No.170, EVR, Periyar High Road, Kilpauk, Chennai.

3.The Joint Registrar of Co-Operative Societies, Collectorate Campus, Ramanathapuram Post and District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to release the petitioner's personal benefits like general provident fund, special provident fund, and encashment of earned leave salary credit as on 31.08.2003 and for a consequential direction to the first respondent to conclude the pending disciplinary action against the petitioner by considering the petitioner's representation dated 03.08.2015 within a period that may be stipulated by this Court.

For Petitioner :Mr.M.E.Elango For Respondents :Mr.C.M.Marichellaiah Prabhu, Additional Government Pleader

ORDER

This writ petition has been filed seeking to direct the 2nd and 3rd respondents to release the petitioner's personal benefits like general provident fund, special provident fund, and encashment of earned leave salary as on 31.08.2003 and for a consequential direction to the first respondent to conclude the pending disciplinary action against the petitioner by considering the petitioner's representation dated 03.08.2015 within a period that may be stipulated by this Court.

2.The case of the petitioner is that the representation seeking to conclude the departmental proceedings initiated against him, is kept pending without there being any orders passed by the https://hcservices.ecourts.gov.in/hcservices/

respondents. Hence, this writ petition has been filed with the above prayer.

3.The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered on merits and appropriate orders would be passed within the time stipulated by this Court. 4.Considering the limited scope of the prayer sought for in this writ petition, this Court, without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 03.08.2015, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of on the above terms. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary to Government, Co-Operative Food and Consumer Protection Department, St Georege Fort, Chennai.

2.The Registrar of Co-Operative Societies, Office of the Registrar of Co-Operative Societies, No.170, EVR, Periyar High Road, Kilpauk, Chennai.

3.The Joint Registrar of Co-Operative Societies, Collectorate Campus, Ramanathapuram Post and District.

+1 CC to M/s.M.E.ILANGO, Advocate ( SR-52082[F] dated 06/03/2019 ) dsk W.P(MD)No.16815 of 2015 05.03.2019 KM/(02.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/