Madras High CourtWP(MD)/22027/2017disposed of

Victor William, v. The Dean,

2019-04-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22027 of 2017 and WMP(MD)No.19337 of 2017 Victor William ... Petitioner vs.

The Dean, Thanjavur Medical College Hospital, Thanjavur.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to complete the enquiry under Rule 17(b) of Tamil Nadu Government Servant Conduct Rules on the basis of the petitioner's representation dated 13.09.2017 within a time frame as fixed by this Court.

For Petitioner : Mr.M.K.Karunanithi For Respondent : Mrs.J.Padmavathy Devi Special Government Pleader

ORDER

Seeking a direction to the respondent to complete the enquiry under Rule 17(b) of Tamil Nadu Government Servant Conduct Rules, on the basis of the petitioner's representation dated 13.09.2017, the petitioner is before this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent. 3.The case of the petitioner is that he was working as a Junior Assistant in the respondent college. While so, he was placed under suspension by the proceedings of the respondent dated 17.02.2014, based on a criminal case registered against him. According to the petitioner, even after a lapse of three years, enquiry against the petitioner has not been completed. Hence, the petitioner made a representation dated 13.09.2017 to the respondent seeking completion of enquiry. Since the same has not been considered so far by the respondent, this writ petition has been filed.

4.The learned Special Government Pleader appearing for the respondent would submit that if a reasonable time is granted to the respondent, the representation of the petitioner will be considered on merits and suitable orders be passed.

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5.In view of the above submission, this Court, without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 13.09.2017 one way or the other and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs. Consequently, WMP(MD)No.19337 of 2017 is closed. sd/ Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The Dean, Thanjavur Medical College Hospital, Thanjavur.

+1 CC to MR.M.KARUNANITHI, Advocate ( SR-63916[F] dated 29/04/2019 ) +1 CC to SPL GP ( SR-65012[F] dated 02/05/2019 ) W.P(MD) No.22027 of 2017 29.04.2019 MJ MK (22.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/