Madras High CourtWP(MD)/19243/2016disposed of

V.P.Yasodha, W/O.S.A.Subbiah v. The Principal Secretary To

2016-10-06Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2016

CORAM:

THE HON'BLE MR.JUSTICE S.NAGAMUTHU W.P(MD)No.19243 of 2016 V.P.Yasodha ... Petitioner Vs.

1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The District Collector, Sivagangai District, Sivagangai.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent ie., the Principal Secretary to Government, Revenue Department, Chennai to pass appropriate orders on the disciplinary action initiated by the District Collector, Sivagangai in his memo No.Na.Ka.A.8/15191/2009, dated 26.05.2009, in the light of confirmation of patta granted in respect of the land situated in Nathan S.No.216/23 and 216/24 of Thaanicha Oorani Village, Sirumaruthur Group by the Revenue Divisional Officer, Devakottai, in his proceedings K.Dis.A1/26332010, dated 20.09.2011 and the report of the enquiry officer dated 30.04.2015 within a specified time frame that may be fixed by Court.

For Petitioner : Mr.S.Visvalingam For respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

O R D E R

The petitioner was working as Sub Inspector of Survey, at the Office of the Assistant Director of Survey and Settlement, Sivagangai. On attaining the age of superannuation ie., on 28.02.2011, she was allowed to retire without prejudice to the disciplinary proceedings pending against her, as per the proceedings No.A2/1019/2011, dated 28.02.2011, issued by the Assistant Director of Survey and Settlement, Sivagangai. While she https://hcservices.ecourts.gov.in/hcservices/

was in service, a charge memo was issued to her on 26.05.2009 by the District Collector, Sivagangai. An Enquiry Officer was appointed to hold enquiry into the same. The petitioner participated in the enquiry and contested the matter. Now, it is stated that the Enquiry Officer, on completing the enquiry, has submitted his report, dated 30.04.2015. The grievance of the petitioner is that the same has not been considered by the first respondent so far.

2. The learned Additional Government Pleader, who took notice for the respondents, submitted that the first respondent would pass final order in the disciplinary proceedings, considering the report of the enquiry officer within a period of eight weeks. The same is recorded.

3. In view of the same, this Writ Petition is allowed with a direction to the first respondent to pass final orders in the disciplinary proceedings in Na.Ka.A.8/15191/2009, dated 26.05.2009, on considering the report of the Enquiry Officer, dated 30.04.2015, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar gcg To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The District Collector, Sivagangai District, Sivagangai.

+1CC to Mr.S.Visvalingam, Advocate Sr.No.59729 +1CC to Spl.Government Pleader Sr.No.60560 GJM/GSV/PM/1.11.16-2p-5C ORDER MADE IN W.P(MD)No.19243 2016 06.10.2016 https://hcservices.ecourts.gov.in/hcservices/