S. Senguttuvan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2018 C O R A M THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.19614 of 2018 S.Senguttuvan ... Petitioner Vs.

1.The Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Chennai-9.

2.Inspector General of Registration, No.100, Santhome Highroad, Chennai-4.

... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to pass final order in respect of the disciplinary proceeding initiated in pursuant to the charge memo issued by the 2nd respondent charge memo.45437/M1/2013 dated 11.12.2013 within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar for M/s Ajmal Associates For Respondents : Mr.M.Murugan Government Advocate

O R D E R

The petitioner has come forward with the present writ petition seeking a direction to the second respondent to pass final order in respect of the disciplinary proceeding initiated, pursuant to the charge memo issued by the second respondent in his proceedings in charge memo:45437/M1/2013 dated 11.12.2013.

2.Mr.M.Murugan, learned Government Advocate, takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel for the petitioner submitted that the petitioner is working as Sub Registrar (guideline) at District Registrar, Marthandam, Thenkasi. He was issued with a charge memo on 11.12.2013. The petitioner had submitted his explanation on https://hcservices.ecourts.gov.in/hcservices/

23.01.2015 to the said charge memo. Pursuant to the same, an enquiry officer was appointed. Though the enquiry officer has submitted his report after completing the enquiry on 04.01.2018, the second respondent has not taken any steps to complete the disciplinary proceedings. Hence, the petitioner submitted a representation in person on 15.03.2018 to the second respondent to conclude the disciplinary proceedings. Since the same was also not considered, the petitioner has come up with the present writ petition with the above said prayer.

4.The learned Government Advocate appearing for the respondents would submit that the disciplinary proceedings initiated against the petitioner will be completed within the time to be stipulated by this Court.

5.In view of the above submission made on either side, this Court is of the view that the disciplinary proceedings initiated by the second respondent against the petitioner shall be commenced and proceeded on day-to-day basis, without adjourning the enquiry for more than 7 days at any point of time, and final orders thereon shall be passed within a period of three months from the date of receipt of a copy of the enquiry report. The petitioner shall not approach any Court to stall the enquiry proceedings. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS IV) ta To 1.The Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Chennai-9.

2.Inspector General of Registration, No.100, Santhome Highroad, Chennai-4.

1CC TO M/S. AJMAL ASSOCIATES, ADVOCATE SR 83923 DS RSK SAR 4 9 11 2018 2P 4C W.P.(MD)No.19614 of 2018 11.09.2018 https://hcservices.ecourts.gov.in/hcservices/