Madras High CourtWP(MD)/9812/2021disposed of

Ramasubramanian.S v. The Govt. Of Tamil Nadu

2022-03-10Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Ramasubramanian ... Petitioner Vs.

1.The Govt. of Tamil Nadu Rep by its Secretary, Department of Revenue, Old Buildings, Secretariat, St.George Fort, Chennai-600 009.

2.The Commissioner Department of Revenue Administration, Disaster Management and Mitigation, Ezhilagam Buildings Chepauk, Chennai-600 005.

3.The Joint Commissioner Revenue Administration, Disaster Management and Mitigation, Ezhilagam Buildings Chepauk, Chennai-600 005.

4.The District Collector (Revenue Wing), Tirunelveli District Tirunelveli.

5.The District Revenue Officer(Revenue Wing), Tirunelveli District Tirunelveli.

6.The District Inspection Cell Officer, O/o.The District Inspection Cell , Tirunelveli Region, 2nd Floor, Collector Office, Tirunelveli-9.

... Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent Nos. 3 to 6 to complete the entire process on all allegation petitions and submit their report to the 2nd respondent to finalise them within a time frame as fixed by this Court forthwith. 1/3

For Petitioner :

Mr.S.Palani Velayutham For Respondent :

Mr.A.K.Manikkam, Special Government Pleader ******

O R D E R

The relief sought for in the present Writ Petition is to complete the process of enquiry in the departmental disciplinary proceedings.

2. The petitioner was holding the post of Deputy Collector and he retired from service. The departmental disciplinary proceedings were initiated against him and the said proceedings are yet to be concluded. The Enquiry Officer was appointed who in turn issued notice and conducted enquiry.

3. The grievance of the writ petitioner is that long pendency of departmental disciplinary proceedings is causing prejudice and he is unable to get the pensionary and terminal benefits. The Competent Authorities are bound to ensure that the departmental disciplinary proceedings are concluded as expeditiously as possible. Long pendency of departmental disciplinary proceedings, undoubtedly, would cause prejudice to the interest of the employees. Thus, all such proceedings are to be concluded vigilantly and without any delay. In view of the fact that the relief sought for in the present writ petition is reasonable, this Court is inclined to consider the same. Accordingly, the respondents are directed to proceed with the disciplinary proceedings, conclude the same and pass final orders within a period of four months from the date of receipt of a copy of this order.

4. The petitioner is directed to co-operate for early disposal of the enquiry proceedings, without seeking any adjournment on flimsy grounds. In the event of non-cooperation on the part of the petitioner, the same shall be recorded in the proceedings itself. In such circumstances, the petitioner is not entitled to claim any relief on the basis of delay in disposal of the disciplinary proceedings.

5. Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb 2/3

To 1.The Secretary, The Govt. of Tamil Nadu Department of Revenue, Old Buildings, Secretariat, St.George Fort, Chennai-600 009.