Madras High CourtWP(MD)/14521/2022disposed of

Saravanan.K v. The Enquiry Officer /

2022-07-07Honourable Mr Justice G. Chandrasekharan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN K.Saravanan ... Petitioner Vs.

The Enquiry Officer / Superintending Engineer Buildings (E&M) Circle, Public Works Department, Coimbatore.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to complete the departmental enquiry as against the petitioner in pursuant to the charge memo dated 06.05.2021 in C11(3)/6673/2020-4, within a reasonable time.

For Petitioner :

Mr.P.Ganapathi Subramanian For Respondent :

Mr.R.Ragavendran Government Advocate

O R D E R

The relief sought for in the present Writ Petition is to direct the the respondent to complete the departmental enquiry as against the

petitioner in pursuance of the charge memo, dated 06.05.2021 in C11(3)/6673/2020-5.

2. The learned counsel for the petitioner submitted that the petitioner was slapped with charge memo in C11(3)/6673/2020-5, dated 06.05.2021 that he raised the compound wall with safety grill arrangement without obtaining revised administrative sanction from the competent authority. He immediately submitted his explanation. After considering his explanation, an oral enquiry was ordered and commenced on 25.01.2022. Out of 20 witnesses cited in the charge memo, 17 witnesses have already been examined. Only three witnesses remain to be examined. Even after a lapse of one year, the oral enquiry is not completed. Therefore, the petitioner has filed this Writ Petition.

3. Mr.R.Ragavendran, learned Government Advocate takes notice for the respondent.

4. It is a well settled principle that the domestic enquiry should be completed as soon as possible. The case on hand is that the oral enquiry was commenced on 25.01.2022 and it is still not completed. Out of 20 witnesses, 17 witnesses were already examined and only three witnesses remain to be examined.

5. In such circumstances, this Court directs the respondent / Enquiry Officer to conduct the oral enquiry within a period of four weeks from the date of receipt of a copy of this order and submit a report to the authority concerned.

6. With this direction, this Writ Petition is disposed of. No costs. 07.07.2022 Index : Yes / No Speaking Order : Yes / No vji

To The Enquiry Officer / Superintending Engineer Buildings (E&M) Circle, Public Works Department, Coimbatore.

G.CHANDRASEKHARAN, J.

vji 07.07.2022