Madras High CourtWP(MD)/13104/2017disposed of

M.Seenivasan@Srinivasan v. The Agriculture Production

2017-07-17Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13104 of 2017 M.Seenivasan @ Srinivasan ... Petitioner vs.

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

2.The Director of Horticulture & Plantation Crops, Horticulture Department, Chepauk, Chennai-600 005.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying issuance of Writ of Mandamus, directing the first respondent i.e., the Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Chennai, to pass appropriate orders on the disciplinary action initiated by the Commissioner of Horticulture and Plantation Crops, Chennai, in his memo No.DCS2/5657/2013 dated 06.01.2014 within a specific time frame fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.K.Guru, Additional Government Pleader

ORDER

By consent of both sides, this writ petition itself is taken up for final disposal.

2.The petitioner, while serving as Assistant Agricultural Officer, Thiruppullani, Ramanathapuram District, has been allowed to retire from service on 31.10.2015 after attaining the age of Superannuation and the pending disciplinary proceedings is allowed to continue under Rule 9 of the Tamil Nadu Pension Rules 1978 as per proceedings No.VCS1/26030/2008 dated 29.10.2015 passed by the Director of Agriculture, Chennai.

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3.In the meanwhile, the disciplinary proceedings also came to an end and enquiry report has also been submitted on 30.12.2015. Subsequently, the same has been communicated to the petitioner on 18.01.2016 by the Government. In the background, the grievances of the petitioner is that after completion of the process in the aforementioned disciplinary proceedings, no final orders has been passed, till date. Therefore, the petitioner is before this Court seeking direction to the respondents to pass final orders in the disciplinary proceedings.

4.Mr.K.Guru, learned Additional Government Pleader, takes notice for the respondents and seeks time to consider the representation dated 03.03.2016 and to pass final orders in the said proceedings.

5.This Court, considering the fact that the enquiry of the Disciplinary Proceedings already have come to an end, a report thereof, has been submitted on 30.12.2015 and the copy of the same has been communicated to the petitioner on 18.01.2016 by the Government, hereby, directs the first respondent to pass final orders in the disciplinary proceedings, within a period of four weeks from the date of receipt of copy of this order. 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The Agricultural Production Commissioner & Principal Secretary to Government, Agriculture Department, Secretariat, Chennai-600 009.

2.The Director of Horticulture & Plantation Crops, Horticulture Department, Chepauk, Chennai-600 005.

+One cc to Mr.S.Visvalingam, Advocate, SR.No.65717 +One cc to The Special Government Pleader, SR.No.66153 Mrn/RR RL/5C/2P/SKN/RSK/SAR1/1/8/2017 W.P(MD)No.13104 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 17.07.2017 ( 1 / 2)