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Madras High CourtWP(MD)/13267/2016disposed of

A.Venkattaraman, v. The Agricultural Production

2016-07-27Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.13267 of 2016 A.Venkattaraman : Petitioner Vs.

1. The Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Secretariat, Chennai - 600 009.

2. The Director of Agriculture, Agriculture Department, Chepauk, Chennai - 600 005. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent ie., the Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Chennai to pass final orders on the charge memo issued by the Director of Agriculture, Chennai in his memo No.DCS1/3/11696/2014, dated 17.02.2014 since all the process are over except passing final orders, within a specified time frame that may be fixed by this Court.

For petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Rajarajan, Government Advocate

O R D E R

The petitioner Mr.A.Venkattaraman, who is presently serving as Assistant Director of Agriculture, Pongalur, Tiruppur District, while he was serving as Agricultural Officer, Seed Testing Laboratory at Karur, Karur District, received a charge-memo issued by the Director of Agriculture, Chennai, in his memo No.DCS1/3/11696/2014, dated 17.02.2014. The charge against the petitioner is that he did not join duty as Assistant Director of Agriculture at Krishnagiri even after relieving from the Post of Agricultural Officer, Seed Testing Laboratory, Karur. However, he has submitted his explanation to the charge-memo and finally, https://hcservices.ecourts.gov.in/hcservices/

Enquiry Officer appointed by the Director of Agriculture, Chennai in his proceedings, dated 10.07.2014, also concluded the enquiry holding that no charge was found proved. It is at this stage, the file is not moving towards any direction. Hence, the petitioner has come to this Court seeking a direction to the first respondent to pass final orders in the pending matter based on the report submitted by the Enquiry Officer.

2. Mr.M.Rajarajan, learned Government Advocate after taking notice on behalf of the respondents would submit that sufficient time may be given to the first respondent to pass final orders in this matter.

3. In view of above, since Enquiry Officer has concluded his enquiry and submitted his report on 01.10.2014, this Court does not find any impediment to direct the first respondent to proceed further. Accordingly, the first respondent is hereby directed to proceed further and pass final orders, within a period of two months from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Secretariat, Chennai - 600 009.

2. The Director of Agriculture, Agriculture Department, Chepauk, Chennai - 600 005.

+ 1 CC TO MR.S.VISVALINGAM, ADVOCATE IN SR No. 39684 + 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR No. 40187 PM TE/SKS-RR/ : 10/08/2016 : 2P/5C W.P.(MD)No.13267 of 2016 27.07.2016 https://hcservices.ecourts.gov.in/hcservices/