Madras High CourtWP(MD)/22114/2017allowed

K.Jeyaganapathy, v. The Commissioner,

2018-01-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.22114 of 2017 K.Jeyaganapathy ... Petitioner Vs.

1.The Commissioner, Department of Food Safety & Drug Administration (Food Safety Division), No.359, Anna Salai, Tyenampet, Chennai - 600 006.

2.The Deputy Director of Health Services, Theni, Theni District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents ie., the Commissioner, Department of Food Safety & Drug Administration (Food Safety Division), Chennai and the Deputy Director of Health and Services, Theni to pass appropriate orders on the disciplinary action initiated in R.C.No.601/2014 dated 18.03.2014 and R.No.2204/A1/2017 dated 21.09.2017 based on the explanation submitted by the petitioner on 10.04.2014 and 26.09.2017 and enquiry completed on 20.02.2017, within a specified time frame.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Jeyakumar, Additional Government Pleader

ORDER

The petitioner was the employee in the Health Department of the Government of Tamil Nadu. He reached the age of superannuation on 30.09.2017. He was not allowed to retire in view of the disciplinary proceedings initiated against him. The same are yet to be concluded.

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2.The learned counsel appearing for the petitioner submitted that except passing of final orders, all other steps are already over. The petitioner cannot be kept in a statut of uncertainty. The disciplinary action initiated against the petitioner must be speedily concluded. Therefore, this Court directs the first respondent to pass appropriate orders on the disciplinary action initiated against the petitioner vide charge memo dated 18.03.2014 on or before 28.04.2018.

3.The writ petition is allowed as indicated above. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner, Department of Food Safety & Drug Administration (Food Safety Division), No.359, Anna Salai, Tyenampet, Chennai - 600 006.

2.The Deputy Director of Health Services, Theni, Theni District.

+One cc to Mr.S.Visvalingam, Advocate, SR.No.42931 +One cc to The Special Government Pleader, SR.No.43095 skm RL/5C/2P/KK/SAR1/15/2/2018 W.P(MD)No.22114 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 19.01.2018