Madras High CourtWP(MD)/23001/2016disposed of

N.Nagarajan v. The Secretary To Government

2016-12-01Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.23001 of 2016 N.Nagarajan :Petitioner Vs.

1.The Secretary to Government, Home (Pol.IV) Department, Chennai.

2.The Commissioner, Tribunal for Disciplinary Proceedings, Collector's Office Campus, 3.The Inspector of Police, Vigilance and Anti Corruption Department, :Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent herein to complete the disciplinary proceedings initiated against the petitioner in T.D.P.No.19/2009, dated 01.12.2009, which has been transferred from Disciplinary Proceedings Tribunal, Madurai, and renumbered as TDP No.13 of 2012 and submit a report within a time frame fixed by this Court on basis of the petitioner's representation made before the second respondent by RPAD, dated 24.10.2016. For Petitioner : Mr.B.Brijesh Kishore For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to complete the disciplinary proceedings initiated against the petitioner in TDP No.19/2009, dated 01.12.2009, which has been transferred from Disciplinary Proceedings Tribunal, Madurai and renumbered as TDP No.13 of 2012.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who took notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.The case of the petitioner is that the petitioner is now working as Inspector of Police, Watrap Police Station, Virudhunagar District. When he was working as Inspector of Police, Vadacheri Police Station, Kanyakumari District, a case in Crime No.1 of 2008, under Section 7 of the Prevention of Corruption Act, has been registered against him. Based on the same, disciplinary proceedings were initiated against him in TDP No.19/2009 and thereafter the same has been transferred to the second respondent and renumbered as TDP No.13/2012 and the same is pending for the past several years, without any progress. Therefore, the petitioner made a representation before the second respondent on 24.10.2016, seeking to complete the enquiry and to file a report. As the same has not been considered, this writ petition has been filed.

4.The learned counsel for the petitioner would submit that the disciplinary proceedings is pending for the past several years, without any progress.

5.The learned Additional government Pleader appearing for the respondents would submit that it is agreeable for the second respondent to complete the disciplinary proceedings within a period of two months.

6.Recording the submission made by the learned Additional Government Pleader for the respondents, the second respondent is directed to complete the enquiry in the disciplinary proceedings, pending against the petitioner, in TDP No.13/2012 and to file the report within a period of two months, from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Secretary to Government, Home (Pol.IV) Department, Chennai.

2.The Commissioner, Tribunal for Disciplinary Proceedings, Collector's Office Campus,

3.The Inspector of Police, Vigilance and Anti Corruption Department, +1cc to M/s.B.Brijoesh Kishore, Advocate in SR.75000 +1cc to the Special Government Pleader, in SR.79881 W.P(MD)No.23001 of 2016 01.12.2016 smn PBK/EM/SAR-I 27/12/2016 ::3P-6C: (IT)