Madras High CourtWP(MD)/13326/2014disposed of

M.Jothi v. The Government Of India

2021-11-29Honourable Mrs Justice S.Srimathy2 pages

W.P.(MD)No.13326 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.13326 of 2014 M.Jothi ... Petitioner vs..

1. The Government of India, respresented by its Secretary, Department of Personnel and Training, New Delhi.

2. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

3. C.Umashankar, I.A.S., 33, Balakrishnan Road, Flat D1, 3rd Floor, Valmiki Nagar, Chennai - 600 041.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to take appropriate legal action including the departmental action against the third respondent who misused his official position as per the provisions of All India Service Rules (1968) and All India Service (Discipline and Appeal Rules) 1955. For Petitioner : Mr.M.Subhash Babu For R-1 : Mr.R.Vijayrajan For R-2 : Mr.P.Thilak Kumar Government Pleader For R-3 : Mr.N.Dilipkumar

O R D E R

The prayer in the Writ Petition is to take action against the third respondent. The respondents 1 and 2 are represented by the learned Government Pleader. The learned Counsel appearing for the first respondent submitted that a charge memo was already issued against the third respondent on 20.09.2014. Mr.Aburva Varma was appointed as Enquiry Officer, but now, the said Enquiry Officer has attained superannuation and he retired from service on 31.10.2021.

2. Since, a charge memo was issued in the year 2014, the enquiry is delayed for some reasons. Therefore, the respondent 1 and 2 are directed to complete the enquiry proceedings at the earliest and not beyond one year.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.13326 of 2014

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

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) jbr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Secretary, Government of India, Department of Personnel and Training, New Delhi

2. The chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

+1 CC to M/s.SPL GP ( SR-36475[F] dated 30/11/2021 ) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-36874[F] dated 01/12/2021 ) +1 CC to M/s.M.SUBASH BABU, Advocate ( SR-36326[F] dated 29/11/2021 ) W.P.(MD)No.13326 of 2014 29.11.2021 PS(CO) KB(22.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2