N.Rajasekaran Nair v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2015 Coram THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.17400 of 2015 N.Rajasekaran Nair : Petitioner Vs.

1.The Government of Tamil Nadu, Rep. By its Secretary, Municipal Administration and Water Supply (ME-2) Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Commissioner, Municipal Administration, Chepauk, Chennai - 600 005.

: Respondents Prayer: Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the respondents to pass final orders on the charge memo passed by the 2nd respondent in Roc.No.59640/2007/OP3-1, DATED 11.06.2008, within the time frame fixed by this Court.

For Petitioner : Ms.Nisha Banu For Respondents : Mr.K.P.Krishnadoss Government Advocate

O R D E R

By consent of both, the Writ Petition itself is taken up for final disposal.

2. The petitioner has suffered with departmental proceedings under charge memo, dated 11.06.2008, for the delinquency alleged to have taken place in the year 2003-04, however, there has been a consensus between the parties, the report of enquiry officer has been submitted on 30.01.2009. While so, the disciplinary authority should have passed the final order, however, till date, the disciplinary authority has not come forward to pass the final orders. In view of that, the petitioner has sought for an early disposal of the pending disciplinary proceedings by passing final orders, by the first respondent.

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3. Learned Government appearing for the respondents would submit that in view of pendency of other charges, the respondents have not decided to pass final orders, however, if there is a direction from this Court, separate orders would be passed on the culmination of the charge memo, dated 11.06.2008.

4. Since the petitioner has reached the age of superannuation on 31.05.2006, he has been retained in service in view of pendency of the departmental proceedings, after issuance of charge memo dated 11.06.2008 and the enquiry also came to an end by submitting a report by the enquiry officer, therefore, the first respondent is hereby directed to pass final orders on the basis of the charge memo, explanation, report of the enquiry officer and the 2nd representation of the petitioner and also on merits and in accordance with law, within a period of four 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.

Sd/- Assistant Registrar(Per Admn) /True Copy/ Sub Assistant Registrar To 1.The Secretary, The Government of Tamil Nadu, Municipal Administration and Water Supply (ME-2) Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Commissioner, Municipal Administration, Chepauk, Chennai - 600 005.

+1cc to M/s.Nisha Banu, Advocate Sr.No.7046 mpk AA/SKS-RR/27.10.2015/2p-4c Order made in W.P.(MD)No.17400 of 2015 Dated:25.09.2015 https://hcservices.ecourts.gov.in/hcservices/