Madras High CourtWP(MD)/15921/2019disposed of

N.Nambiyar v. The Director Of Elementary Education

2019-07-18Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.15921 of 2019 N.Nambiyar

...Petitioner

Vs.

1.The Director of Elementary Education, Chennai - 6.

2.The Chief Educational Officer, Virudhunagar.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to dispose the departmental enquiry against the petitioner within the time stipulated fixed by this Court. For Petitioner :Mr.G.Xavier Selva Raja For Respondents :Mrs.S.Srimathy Special Government Pleader

ORDER

This writ petition has been filed to direct the second respondent to dispose the departmental enquiry against the petitioner within the time stipulated fixed by this Court. 2.Mrs.S.Srimathy, learned Special Government Pleader takes notice for the respondents. By the consent of both parties, this writ petition is taken up for disposal at the admission stage itself.

3.The learned counsel for the petitioner would submit that the petitioner was working as Assistant Elementary Education Officer and pursuant to the criminal case in Cr.No.6 of 2011, he was placed under suspension. Thereafter, the first respondent appointed the second respondent as Enquiry Officer to conduct enquiry and that now the enquiry has been commenced and the same is yet to be completed. Further, the learned counsel for the petitioner would submit that the petitioner undertakes to co-operate for enquiry. https://hcservices.ecourts.gov.in/hcservices/ 4.In reply, the learned Special Government Pleader appearing for the respondents would submit that if there is no legal

impediment, the enquiry will be conducted by the second respondent, within a time frame to be fixed by this Court. 5.Recording the above said submission made by the learned Special Government Pleader, without expressing any opinion on the merits of the case, this Court directs the second respondent to conclude the enquiry and submit a report before the authorities concerned, within a period of six months from the date of receipt of a copy of this order. The petitioner is also directed to cooperate for enquiry. 6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) // True Copy // Sub Assistant Registrar(CS) mm To 1.The Director of Elementary Education, Chennai - 6.

2.The Chief Educational Officer, Virudhunagar.

+1CC TO MR.RM.ARUN SWAMINATHAN, Advocate Sr. No. 75938 W.P.(MD) No.15921 of 2019 18.07.2019 SCR(CO) TR (26.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/