Madras High CourtWP(MD)/11836/2022disposed of

Rajendra Sureshkumar.R v. The Agricultural Production Commissioner And

2022-06-15Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD).No.11836 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD).No.11836 of 2022 R.Rajendra Sureshkumar ... Petitioner Vs.

1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai - 600 009.

2.The Director of Agriculture, Chepauk, Chennai - 600 005.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Chennai and the Director of Agriculture, Chennai for early disposal of the disciplinary action initiated by the Director of Agriculture, Chennai in his Memo No.VCS1/130747/2005 dated 10.12.2020 for the alleged delinquency that took place in the year 2005, even after acquittal of the petitioner by the criminal court even on 20.02.2019 on merits and in accordance with law, since the petitioner is not able to get his retirement benefits till today, within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Siddharthan, Additional Government Pleader.

ORDER

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

2. Though the petitioner herein had challenged the charge memo dated 10.12.2020, learned counsel for the petitioner submitted that he will be satisfied if the disciplinary authority is directed to complete the action within a stipulated time. It is stated that pursuant to the charge memo, the Enquiry Officer had completed the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11836 of 2022 enquiry and the enquiry report has not been served on the petitioner, to enable him to give his further explanation.

3. Taking into account that the enquiry has been completed, there shall be a direction to the first respondent herein to complete the domestic enquiry initiated pursuant to the charge memo dated 10.12.2020 within a period of three (3) months from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar(Cs-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) Lm To 1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai - 600 009.

2.The Director of Agriculture, Chepauk, Chennai - 600 005.

+1 CC to M/s.S. VISVALINGAM, Advocate ( SR-26157[F] dated 16/06/2022 +1 CC to M/s.SPL.GP. ( SR-26429[F] dated 17/06/2022 ) W.P.(MD).No.11836 of 2022 15.06.2022 MA(CO) KB(22.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2