Madras High CourtWP(MD)/18934/2015disposed of

G.Palanikumarasamy, v. The Principal Secretary To

2015-10-15Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.18934 of 2015 G.Palanikumarasamy ... Petitioner Vs.

1.The Principal Secretary to Government, Public Works Department, Secretariat, Chennai- 600 009.

2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent I.e., the Secretary to Government, Public Works Department, Chennai to communicate the report of the enquiry officer relating to the petitioner within a specified time frame for offering his further representation and further direction to complete the disciplinary proceedings and pass final orders by the Government on merits and in accordance with law within a specified time.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.R.Anandharaj Govt. Advocate

O R D E R

This writ petition has been filed by G.Palanikumarasamy under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the first respondent I.e., the Secretary to Government, Public Works Department, Chennai to communicate the report of the enquiry officer relating to the petitioner within a specified time frame for offering his further representation and further direction to complete the disciplinary proceedings and pass final orders by the Government on merits and in accordance with law 2.Heard Mr.S.Visvalingam, learned counsel appearing for the petitioner and Mr.R.Anandharaj, learned Government Advocate appearing for the respondents.

3.The petitioner, who is serving as Village Administrative Officer in Vedanatham Village, Ottapidaram Taluk, Thoothukudi District, has suffered a departmental proceeding for various alleged delinquencies took place during the period from 2006 and 2010. While he was serving as Village Administrative Officer in Pudur Pandiapuram Village, Ottapidaram Taluk, the enquiry officer on completion of the enquiry has sent a report https://hcservices.ecourts.gov.in/hcservices/

to the Government on 22.08.2015. Since the petitioner is going to retire from service on 30.04.2016 and to prove his innocence, in order to get back to receive his pension, sought a direction to the respondents to complete the enquiry expiditiously and for passing final order. 4.As the enquiry officer has completed the enquiry by sending a report on 22.08.2015 to the Government.

5.This Court, considering the fact that the petitioner is going to retire on 30.04.2016, hereby directs the first respondent to complete the entire exercise by passing final order by issuing second show cause notice and receiving the written representation from the petitioner within a reasonable time. In any event, the entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Public Works Department, Secretariat, Chennai- 600 009.

2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

+1cc to Mr.S.Visvalingam, Advocate SR.No.61167 +1cc to The Special Government Pleader, Madurai. SR.No.61678 W.P.(MD)No.18934 of 2015 15.10.2015 am NS/SK-SKN/27.11.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/