Madras High CourtWP(MD)/6615/2016disposed of

T.Marimuthu, S/O.Thangarasu, v. The Commissioner,

2016-04-12Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.04.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.6615 of 2016 1.T.Marimuthu 2.V.Radhakrishnan ... Petitioners Vs.

The Commissioner, Tribunal for Disciplinary Proceedings (Government of Tamilnadu), Trichirappalli. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to complete the disciplinary proceedings initiated against the petitioner in TDP Case No.9 of 2010 within a stipulated period as fixed by this Court.

For Petitioners : Mr.M.Subash Babu For Respondent : Mr.M.Murugan, Government Advocate

ORDER

Mr.M.Murugan, learned Government Advocate takes notice for the respondent.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3. The petitioners seek for a Mandamus directing the respondent to complete the disciplinary proceedings initiated against the petitioner in TDP Case No.9 of 2010 within a stipulated period.

4. In the additional affidavit filed by the petitioner, it has been stated that both the petitioners will be attaining the age of superannuation on 28.02.2017 and 31.10.2017 respectively. Their apprehension is that unless the disciplinary proceedings are completed prior to their retirement, it will be difficult for them to get their retiral benefits. The disciplinary proceedings in TDP Case No.9 of 2010 is still pending without any progress. It https://hcservices.ecourts.gov.in/hcservices/

is further stated that the petitioners are still in service and they have not been suspended. Hence, they have come forward with the present Writ Petition for the above stated relief.

5. Considering the above facts and circumstances, without expressing any opinion on the merits of the case, the respondent is directed to complete the disciplinary proceedings initiated against the petitioner in TDP Case No.9 of 2010 and pass appropriate orders on the same, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Commissioner, Tribunal for Disciplinary Proceedings (Government of Tamilnadu), Trichirappalli.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 20364 + 1 CC TO MR.M.SUBASH BABU, ADVOCATE IN SR NO. 20825 PM TE/AN-MP/ : 22/04/2016 : 2P/4C W.P(MD)No.6615 of 2016 12.04.2016 https://hcservices.ecourts.gov.in/hcservices/