Madras High CourtWP(MD)/3800/2017disposed of

A.Murugesan v. The Commissioner Of Food

2017-03-03Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.3800 of 2017 and W.M.P(MD)Nos.3012 and 3013 of 2017 A.Murugesan ... Petitioner vs.

1.The Commissioner of Food Safety, Tamilnadu Food Safety and Drug Administration Department, 5th Floor, DMS Office Building, 259, Anna Salai, DMS Complex, Thenampet, Chennai - 600 006.

2.The Deputy Director of Health Services, Block I, Deputy Director of Health Services Office Campus, District Offices Complex, Theni - 625 531.

3.The Designated Officer, Block I, Deputy Director of Health Services Office Campus, District Offices Complex, Behind District Collectorate, Theni - 625 531.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling records of the second respondent i.e., the Deputy Director of Health Services; Theni in his proceeding R.No.1149/A1/2017 dated 28.02.2017 and quash the same.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader

ORDER

The prayer in this writ petition is for issuance of a Writ of Certiorari, calling records of the second respondent i.e., the Deputy Director of Health Services; Theni in his proceeding R.No.1149/A1/2017 dated 28.02.2017 and quash the same. https://hcservices.ecourts.gov.in/hcservices/ 2.Even though the petitioner has challenged the proceedings

dated 28.02.2017 issued by the Deputy Director of Health Services, Theni, at the time of arguments, he submitted that even though as per G.O(Ms)No.144, Personnel and Administrative Reforms (N) Department, dated 08.06.2007, no disciplinary proceedings can be initiated except for those instances that are covered under the said G.O., he has got a good case on merits and therefore, the 1st respondent may be directed to proceed with the enquiry against the petitioner and conclude the same at the earliest point of time. 3.Taking note of the aforesaid submission, the 1st respondent is directed to proceed with the disciplinary enquiry against the petitioner on day-to-day basis without adjourning the matter beyond three working days at any point of time, as the petitioner has already attained the age of superannuation. The disciplinary proceedings be concluded preferably within four months from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs. Consequently, W.M.P(MD)Nos.3012 and 3013 of 2017 are closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Food Safety, Tamilnadu Food Safety and Drug Administration Department, 5th Floor, DMS Office Building, 259, Anna Salai, DMS Complex, Thenampet, Chennai - 600 006.

2.The Deputy Director of Health Services, Block I, Deputy Director of Health Services Office Campus, District Offices Complex, Theni - 625 531.

3.The Designated Officer, Block I, Deputy Director of Health Services Office Campus, District Offices Complex, Behind District Collectorate, Theni - 625 531.

+1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 12590 +1cc to Mr.S.Visvalingam, Advocate Sr.No. 12167 AE/RR/20.03.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.3800 of 2017 03.03.2017