A.Suddendhar, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No. 5220 of 2019 A.Suddendhar ... Petitioner Vs.
1.The District Collector, (Development Section), District Collector's Office Building, Sivagangai.
2.The Project Director, District Rural Development Agency, District Collector's Office Building, Sivagangai.
3.The Block Development Officer, (Village Panchayat), The Panchayat Union Office, Ilayankudi, Sivagangai District.
4.The Block Development Officer, The Panchayat Union Office, Kallal, Sivagangai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the 1st respondent in Na.Ka.No.R1/13812/2018 dated 28.12.2018 and quash the same and further direct the respondents to pay the salary arrears and permit the petitioner to join his duty in pursuance of the transfer order passed by the 1st Respondent.
For Petitioner :
Mr.K.Chengiz Khan For Respondents :
Mr.S.Shanmugavel, Counsel for State for R1.
Mr.V.R.Shanmuganathan, Standing Counsel for R3.
O R D E R
This Writ Petition has been filed for the issuance of a writ of certiorarified mandamus calling for the records pertaining to the 1/3
first respondent in Na.Ka.No.R1/13812/2018 dated 28.12.2018 and quash the same and further direct the respondents to pay the salary arrears and permit the petitioner to join duty in pursuance of the transfer order passed by the first respondent.
2. The writ petitioner has challenged the impugned show cause notice dated 28.12.2018 raised against him on several grounds and there is no truth in the above said charges. The writ petition is pending before this court for the past 2 1⁄2 years and posted for hearing before this Court for final disposal.
3. The learned counsel for the petitioner submitted that due to the said pendency of the writ petition, the enquiry process could not be undertaken and therefore it would be suffice to direct the third respondent to conclude enquiry within stipulated time fixed by this Court.
4. The learned Government Pleader has submitted before this Court that the third respondent agrees with the said submission made by the learned counsel for the petitioner and the said enquiry will be completed within a period of two months from the date of receipt of a copy of this order.
5. In view of the above submissions made by the parties, this Court is inclined to direct the third respondent to conclude the enquiry at the earliest in accordance with law as expeditiously as possible within a period of two months from the date of receipt of a copy of this order. The petitioner also undertakes to co-operate in the enquiry with the authorities concerned.
6. With the above directions, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3
To 1.The District Collector, (Development Section), District Collector's Office Building, Sivagangai.
2.The Project Director, District Rural Development Agency, District Collector's Office Building, Sivagangai.
3.The Block Development Officer, (Village Panchayat), The Panchayat Union Office, Ilayankudi, Sivagangai District.
4.The Block Development Officer, The Panchayat Union Office, Kallal, Sivagangai District.
+1 CC to M/s.GP ( SR-28357[F] dated 07/09/2021 ) +1 CC to M/s.K.CHENGIZ KHAN, Advocate ( SR-28452[F] dated 07/09/2021 ) W.P.(MD).No.5220 of 2019 06.09.2021 RD(6.10.2021) 3P 7C 3/3