K.Kamaraj, v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.18230 of 2018 K.Kamaraj .. Petitioner Vs.
1.The Secretary to Government, Micro,Small and Medium Enterprises(EII(2)) Department, Secretariat, Chennai - 600 009.
2.The Principal Secretary/Industries Commissioner and Director of Industries and Commerce/Registrar of Industrial Cooperatives, Guindy, Chennai - 600 032.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other order to direction in the nature or a writ directing the respondent i.e., Secretary to Government, Micro, Small and Medium Enterprises[EII(2)] Department, Chennai to dispose of the disciplinary action initiated by the Principal Secretary/Industries Commissioner and Director of Industries and Commerce, Registrar of Industrial Cooperative, Chennai in his R.C.No.32737/EG3/2014 dated 05.11.2014 and further direction to the Principal Secretary/Industries Commissioner and Director of Industries and commerce/Registrar of Industrial Cooperative, Chennai to dispose of the enquiry initiated under the section 81 of Tamil Nadu Cooperative Societies Act, 1983, as per the proceedings RC.No.13608/ICB/2018 dated 29.05.2018 within a specified time frame that may be fixed by this Hon'ble High Court. For Petitioner :
Mr.S.Visvalingam For Respondents :
Mr.C.Dhayalan 1 and 2 Govt.Advocate
O R D E R
This Writ Petition has been filed,for issuance of a writ of Mandamus, directing the first respondent to dispose of the disciplinary action initiated by the second respondent in R.C.No.32737/EG3/2014, dated 05.11.2014 and further to direct the second respondent to dispose of the enquiry initiated under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 as per the
proceedings in R.C.No.13608/1CB/2018, dated 29.5.2018 within the time specified by this Court.
2.Mr.C.Dhayalan, learned Government Advocate takes notice for the respondents 1 and 2. By consent of both parties, the main Writ Petition itself is taken up for final disposal at the stage of admission itself.
3.The case of the petitioner is that he was employed as Assistant Director of Industries and Commerce, Nagercoil, Kanyakumari District and his date of superannuation is 31.05.2018 and on that day, he was not allowed to retire from service and was placed under suspension stating that the disciplinary proceedings initiated against the Petitioner on 05.11.2014 is pending and also due to the pendency of the enquiry initiated under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 as per the proceedings in R.C.No.13608/1CB/2018, dated 29.05.2018. Since the disciplinary action initiated against the Petitioner has not yet been disposed of, the petitioner is before this Court with the relief stated supra.
4. The learned Government Pleader appearing for the respondents would submit that the authority concerned is agreeable to conclude the disciplinary proceedings initiated against the Petitioner, within the time stipulated by this Court.
5.In view of the submission, the authority concerned is directed to conclude the disciplinary proceedings initiated against the Petitioner by the first respondent by order, dated 5.11.2014 and to pass appropriate orders on the same in accordance with the rules, within a period of two months from the date of receipt of a copy of this order, if there is no legal impediment to do so. However, it is needless to state that the decision to be taken shall be only after affording an opportunity of hearing to the Petitioner and other interested parties, if any, within the time stipulated by this Court.
6.With the above directions, the Writ Petition is disposed of. No costs.
Sd/ Assistant Registrar (AS) /True copy/ Sub Assistant Registrar(CS-III) To:
1.The Secretary to Government, Micro,Small and Medium Enterprises(EII(2)) Department, Secretariat, Chennai - 600 009.
2.The Principal Secretary/Industries Commissioner and Director of Industries and Commerce/Registrar of Industrial Cooperatives, Guindy, Chennai - 600 032.
+1cc to Mr.S.VISVALINGAM, Advocate, SR.No. 79394 +1cc to M/s.Special Government Pleader,SR.No.79669 W.P.(MD) No.18230 of 2018 21.08.2017 VSN KK/SV/SAR-3/05.10.2018/3P-5C