Madras High CourtWP(MD)/17803/2016disposed of

Esther Kadal Kanni, v. The Joint Director,

2016-09-19Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.17803 of 2016 and WMP(MD)No.12836 of 2016 Esther Kadal Kanni ... Petitioner -vsThe Joint Director, Kallar Reclamation Department, Madurai, Madurai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent to conduct an enquiry and pass final order in connection with the charge memo issued against the petitioner in Na.Ka.No.H.3/74694/2012 on the file of the respondent dated 29.11.2012 and consequently direct the respondent to reinstate the petitioner in service with all consequential benefits. For Petitioner :

Mr.V.Kannan For Respondent :

Mr.V.Pandi Govt. Advocate

O R D E R

This petition has been filed, seeking to direct the respondent to conduct enquiry and pass final order in connection with the charge memo issued against the petitioner in Na.Ka.No.H.3/74694/2012 on the file of the respondent dated 29.11.2012 with the consequential direction to the respondent to reinstate the petitioner in service with all consequential benefits.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

3. The case of the petitioner is that charges have been framed against the petitioner on 12.03.2013 in connection with the alleged misappropriation of Rs.19,85,428/- by the husband of the petitioner, who singled out her long back; that even after completion of three years, there is no progress in the enquiry; in this regard, the petitioner has submitted a representation dated 28.01.2014 to the respondent for early conclusion of the enquiry and despite the same, no enquiry has been conducted, which compelled the petitioner to approach this Court with the relief stated supra.

https://hcservices.ecourts.gov.in/hcservices/

4. It is not known as to why the respondent is not able to complete the enquiry even after expiry of three years. Therefore, it will be in the interest of justice, if the respondent is directed to complete the enquiry within a reasonable time frame.

5. Under such circumstances, the respondent shall conclude the enquiry within a period of three months from the date of receipt of a copy of this order and the petitioner shall cooperate for the enquiry.

6. With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To:

The Joint Director, Kallar Reclamation Department, Madurai, Madurai District.

+1cc to M/S.V.Kannan, Advocate in SR.No.53533 +1cc to Special Government Pleader in SR.No.53935 W.P(MD) No.17803 of 2016 and WMP(MD)No.12836 of 2016 19.09.2016 ar PA/CK/SAR I/06.10.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/