Madras High CourtWP(MD)/8882/2023disposed of

Gnanavaram.P v. The Additional Director Of Agriculture

2023-04-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Gnanavaram ... Petitioner Vs 1.The Additional Director of Agriculture, Chepauk, Chennai - 5.

2.The Regional Joint Director of Agriculture, Nagercoil Post, 3.The Regional Joint Director of Agriculture, Nirubar Colony, Tirunelveli Post, Tirunelveli District.

4.The Enquiry / Deputy Director of Agriculture, Personal Assistant to Collector (Agriculture), Collector Office, Nagercoil, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to conclude the Disciplinary Proceedings in Charge Memo in 1/4

No.Nil/4260/2021(2) dated 31.03.2022 of the second respondent on completion of enquiry on 20.12.2022 in terms of G.O.Ms.No. 81, Human Resource Management (N) Department dated 04.08.2022, by considering the petitioner's representation dated 01.04.2023 within the period that may be stipulated by this Court.

For Petitioner : Mr.K.Ponnaiah For Respondents : Mr.G.Suriyananth Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner is working as Skilled Assistant in the office of the third respondent. The petitioner is a woman. She is now on the verge of retirement. She has to retire on 31.05.2023. On account of the petition mentioned disciplinary action, the petitioner apprehends that she may not be allowed to retire and her benefits may also be withheld. I went through the contents of the charge memo; they are not that serious.

3. The learned counsel appearing for the petitioner states that the statements of the witnesses had also been recorded and enquiry is already over. However, the enquiry report is yet to be made ready. The fourth respondent is directed to submit the enquiry report immediately before the 2/4

disciplinary authority. It is for the disciplinary authority to take a call in the matter. In any event, the entire proceedings shall be concluded and final order shall be passed within a period of four weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. The issue is left to the discretion of the disciplinary authority.

4. This writ petition is disposed of accordingly. There shall be no order as to costs.

19.04.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA Note: Issue Order Copy on 20.04.2023.

To 1.The Additional Director of Agriculture, Chepauk, Chennai - 5.

2.The Regional Joint Director of Agriculture, Nagercoil Post, 3.The Regional Joint Director of Agriculture, Nirubar Colony, Tirunelveli Post, Tirunelveli District.

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G.R.SWAMINATHAN, J.

MGA 4.The Enquiry / Deputy Director of Agriculture, Personal Assistant to Collector (Agriculture), Collector Office, Nagercoil, 19.04.2023 4/4