P.N.Muraleedaran, v. The Member Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.18840 of 2017 P.N.Muraleedaran ... Petitioner Vs.
1.The Member Secretary, Tamil Nadu State Legal Services Authority, North Fort Road, High Court Campus, Chennai - 600 104.
2.The Chairman / Principal District Judge, District Legal Services Authority, Ramanathapuram, Ramanathapuram District.
...Respondents
PRAYER: Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the second respondent i.e., the Chairman / Principal District Judge, District Legal Services Authority, Ramanathapuram to appoint an enquiry officer regarding the disciplinary action initiated in his memo D.No.284/17 dated 28.06.2017 within a specified time frame and direct the first respondent i.e., the Member Secretary, Tamil Nadu State Legal Services Authority, Chennai to dispose of the disciplinary action after getting the enquiry report within a specified time frame considering the petitioner's pathetic position that he has been under continuous suspension for a period of over one year and five months and acquitted in the criminal Court on the same set of facts.
For petitioner : Mr.S.Visvalingam For Respondents : Mr.A.Muthukaruppan Additional Government Pleader
ORDER
(Order of the Court was made by K.KALYANASUNDARAM,J.) The prayer sought for in this writ petition is for issuance of Writ of Mandamus, directing the second respondent to appoint an enquiry officer regarding the disciplinary action initiated against the petitioner dated 28.06.2017 in a specific time frame.
2. Heard Mr.S.Visvalingam, learned counsel for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader for the respondents.
3. The learned Additional Government Pleader for the respondents would submit that one Mr.G.Esakkiyappan, learned Judicial Magistrate (Chairman), Taluk Legal Services Committee, Judicial Magistrate Court, Mudukulathur has been appointed as Enquiry Officer to enquire the charges against the petitioner. The learned Additional Government Pleader has also produced the copy of the order passed by the learned Principle District Judge, District Legal Services Authority, Ramanathapuram dated 21.08.2017.
4. In view of the above, the present writ petition is closed. No costs. The Enquiry Officer shall conclude the enquiry as expeditiously as possible, preferably, within a period of six months, from the date of receipt of a copy of this order, provided the petitioner co-operates. It is made clear that if the enquiry could not be completed in time, due to non-cooperation of the petitioner, later, he cannot take advantage of the order passed in this writ petition.
5. With the above direction, this writ petition is closed. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Member Secretary, Tamil Nadu State Legal Services Authority, North Fort Road, High Court Campus, Chennai - 600 104.
2.The Chairman / Principal District Judge, District Legal Services Authority, Ramanathapuram, Ramanathapuram District.
3. Mr.G.Esakkiyappan, Judicial Magistrate (Chairman), Taluk Legal Services Committee, Judicial Magistrate Court, Mudukulathur.
4. The Principle District Judge, The District Legal Services Authority, Ramanathapuram.
+1cc to M/S.S.Visvalingam, Advocate SR.No. 83113 +1cc to Special Government Pleader, SR.No. 83169 W.P.(MD) No.18840 of 2017 23.10.2017 SM JM/KP/SAR 4/07.11.2017/3P/7C