Vijaya Gopal.K v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR K.Vijaya Gopal ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by the Secretary, Labour Welfare & Skill Development Department, Secretariat, Chennai-600 009.
2.The Director of Employment and Training, Alandur Road, Guindy, Chennai-600 032.
3.The Regional Joint Director of Training, 870/8 NGO B.Coleny, Behind RTO Office, Perumalpuram Post, Tirunelveli District.
4.The Deputy Director/Principal, Government ITI, Korempallam, Thoothukudi District-628 101.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5
respondents to complete the disciplinary proceedings initiated vide the charge memo, dated 13.05.2022 on the file of the Respondent No.2 within the time stipulated by this Court.
For Petitioner : Mr.S.Louis For Respondents : Mr.S.Shaji Bino Special Government Pleader
ORDER
The present writ petition has been filed for Mandamus to direct the respondents to complete the disciplinary proceedings initiated as against the writ petitioner vide charge memo, dated 13.05.2022.
2. According to the writ petitioner, he was serving as an Administrative Officer at the 4th respondent institute and he was issued with a charge memo on 13.05.2022 levelling 13 charges. An Enquiry Officer was appointed and he had attended the enquiry and he had also submitted his written explanations. He had further submitted that the Enquiry Officer has already submitted the enquiry report to the 2nd respondent. However, the 2nd respondent has not passed orders.
3. The learned Special Government Pleader appearing for the respondents submits that the 2nd respondent after receiving the enquiry 2/5
report, has forwarded the same to the 1st respondent for passing of appropriate orders and the same is now pending with the 1st respondent. In view of the fact that the petitioner has already attained superannuation, the 1st respondent is the competent authority to pass final orders.
4. In view of the above said facts, the 1st respondent is directed to pass orders within a period of eight (8) weeks from the date of receipt of a copy of this order. This Writ Petition stands allowed. No costs. 05.10.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No gbg To
1. The Secretary, The State of Tamil Nadu, Labour Welfare & Skill Development Department, Secretariat, Chennai-600 009.
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2.The Director of Employment and Training, Alandur Road, Guindy, Chennai-600 032.
3.The Regional Joint Director of Training, 870/8 NGO B.Coleny, Behind RTO Office, Perumalpuram Post, Tirunelveli District.
4.The Deputy Director/Principal, Government ITI, Korempallam, Thoothukudi District-628 101.
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R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
05.10.2023 5/5