Madras High CourtWP(MD)/16040/2021disposed of

Kanimozhi M v. The Transport Commissioner

2021-09-08Honourable Mr Justice D. Krishnakumar2 pages

WP(MD) No.16040 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR WP(MD) No.16040 of 2021 M. Kanimozhi ... Petitioner Vs.

1.The Transport Commissioner, Chepauk, Chennai -5.

2. The Joint Transport Commissioner, Chennai South Zone, Chepauk, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondents to expedite the disciplinary proceeding in Memo F.No.43265/VB1/2008 dated 05.11.2008 within a stipulate time as directed by this Court.

For Petitioner :

Mr.C. Vakeeswaran For Respondents :

Mr.A.K.Manikkam Counsel for State

O R D E R

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to expedite the disciplinary proceeding in Memo F.No.43265/VB1/2008 dated 05.11.2008 within a stipulate time as directed by this Court.

2. The writ petitioner was served with a charge memo on 05.11.2008 for corruption due to the surprise check conducted on 25.10.2005 by the officials of the District Inspection Cell, Collectorate, Trichy.

3. The petitioner has submitted his explanation on 06.01.2009 and further explanation has also been submitted by the petitioner. However, no final order has been passed. Therefore, the petitioner made a representation on 06.12.2010, for assistance of advocate in the above said proceedings. Due to said pendency of the above proceedings, the petitioner's rights for promotion and benefits will be deprived. Hence, the present Writ Petition has been filed by the petitioner to conclude the pending disciplinary proceedings at the earliest.

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4. The learned Government Pleader appearing for the respondents 1/2

WP(MD) No.16040 of 2021 would submit that if there is no legal impediment against the petitioner, the disciplinary proceedings against the petitioner will be concluded within the time stipulated by this Court.

5. On considering the submissions made by the learned counsel for the parties concerned, without going into the merits of the case, this Court is inclined to direct the second respondent to conclude the disciplinary proceedings in accordance with law and to submit the report to the first respondent, as expeditiously as possible within three months from the date receipt of a copy of this order, if there is no legal impediment.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr To 1.The Transport Commissioner, Chepauk, Chennai -5.

2. The Joint Transport Commissioner, Chennai South Zone, Chepauk, Chennai.

+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-28635[F] dated 09/09/2021 ) +1 CC to M/s.GP ( SR-28685[F] dated 09/09/2021 ) WP(MD) No.16040 of 2021 08.09.2021 RD(1.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2