Loganathan .V v. The Additional Chief Secretary Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.12571 of 2023 V.Loganathan ... Petitioner Vs.

1.The Additional Chief Secretary, Government of Tamilnadu, Home (Courts VI) Department, Chennai.

2.The Director of Prosecution, Tamilnadu Urban Habitat Development Board, Annex Building, 1st Fllor, No.5, Kamarajar Salai, Chennai - 600 005.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified mandamus, to call for the records of the impugned Charge memo of the 2nd respondent in Rc.No.4287/DOP/A4/2022 dated 14.09.2022 and the consequential impugned suspension order of the 1st respondent in G.O.(2D).No.166 dated 27.03.23 and quash the same and further directing the respondents 1/4

to permit the petitioner to retire from the service and disburse the consequential retirement benefits.

For Petitioner : Mr.K.Vinoharan For Respondents : Mr.T.Villavan Kothai, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the impugned charge memo as well as the order of suspension. The petitioner was holding the post of Assistant Public Prosecutor Grade - I. The learned counsel for the petitioner states that as result of the impugned proceedings, the petitioner is not able to resume his private practice also. It is also stated that the enquiry is already over. However, the enquiry report is yet to be furnished to the petitioner.

3.Since the petitioner has crossed the age of superannuation, it is only just and proper that the proceedings are expeditiously concluded. 2/4

The first respondent is directed to ensure that the enquiry report is made ready and final order is passed within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.

4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 23.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 05.07.2023.

To:- 1.The Additional Chief Secretary, Government of Tamilnadu, Home (Courts VI) Department, Chennai.

2.The Director of Prosecution, Tamilnadu Urban Habitat Development Board, Annex Building, 1st Fllor, No.5, Kamarajar Salai, Chennai - 600 005.

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G.R.SWAMINATHAN, J.

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