Madras High CourtWP(MD)/12222/2016disposed of

N.Liyakat Ali Khan v. The Secretary To Government

2016-08-30Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12222 of 2016 N.Liyakat Ali Khan .. Petitioner vs.

The Secretary to Government, Labour & Employment Department, Fort St. George, Secretariat, Chennai - 9.

.. Respondent PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus thereby directing the respondent to pass final orders in the Tribunal for Disciplinary Proceeding case No.33/2008 (RC NI.502/2008/A1, dated 11.07.2008 of TDP) dealt by respondent in Ref.No.14204/E1/2010 within a time limit to be fixed by this Hon'ble Court. For Petitioner : Mr.Liyatkat Ali Khan Party-in-person For Respondent : Mr.R.Anandharaj Government Advocate

ORDER

This Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondent to pass final orders in the Tribunal for Disciplinary Proceeding case No.33/2008 (RC NI.502/2008/A1, dated 11.07.2008 of TDP) dealt by respondent in Ref.No.14204/E1/2010 within a time limit to be fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

3. When the matter was taken up for hearing on 13.07.2016, this Court has issued a direction as follows: https://hcservices.ecourts.gov.in/hcservices/ 'The petitioner was issued with a notice, dated 02.01.2014 stating that a proposal has been made to

impose punishment on him and sought his views thereon. On receipt of the same, the petitioner has also given a reply on 27.02.2014. However, till now, the respondent has not passed any final order. The petitioner attained the age of superannuation as early as in the year 2006. Therefore, the learned counsel for the respondent is directed to get instruction or file counter affidavit'.

4. Pursuant to that, Mr.Anandaraj, learned Government Advocate appearing for the respondent submitted that final order will be passed within eight weeks pending disciplinary proceedings.

5. Recording his statement, the responent is directed to pass final order on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order pending disciplinary proceedings.

6. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The Secretary to Government, Labour & Employment Department, Fort St. George, Secretariat, Chennai - 9.

+ 1 CC TO MR.N.LIYAKATH ALIKHAN, PARTY IN PERSON (PETITIONER) SR No. 48838/16 CM TE/AAL-MPA/SAR-III : 09/09/2016 : 2P/3C W.P(MD)No.12222 of 2016 30.08.2016 https://hcservices.ecourts.gov.in/hcservices/