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Madras High CourtWP(MD)/13716/2014disposed of

S. Chandrasekaran v. The State Of Tamil Nadu

2020-10-07Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.13716 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.13716 of 2014 and M.P(MD)No.1 of 2014 S.Chandrasekaran ... Petitioner Vs.

1.The State of Tamilnadu, Rep. by its Principal Secretary to Government, Public Works Department (PWD), Secretariat, St.Geroge Fort, Chennai - 9.

2.The Engineer-in-Chief, WRD, and Chief Engineer (General, PWD, Office of the Engineer-in-Chief, WRD, & Chief Engineer (General)PWD, Chepauk, Chennai - 600 005.

... Respondents PRAYER:Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order of suspension in G.O.(D)No.197, Public Works (E1) Department, dated 28.07.2014, passed by the Respondent No.1 and quash the same as illegal.

For Petitioner : Ms.Tamilmalar For Mr.T.Lajapathi Roy For Respondents : Mr.D.Muruganandham Additional Government Pleader

ORDER

The order of suspension issued by the 1st respondent in G.O.(D). No.197, Public Works (E1) Department, dated 28.07.2014, is under challenge in the present writ petition.

2. The writ petitioner was holding the post of Superintending Engineer / Joint Director, Irrigation Management Training Institute, Tiruchirappalli. He was placed under suspension on initiation of departmental disciplinary proceedings. The writ petitioner attained the age of superannuation and not allowed to retire from service.

3. The learned counsel appearing on behalf of the writ petitioner made a submission that the departmental disciplinary proceedings initiated against the writ petitioner is yet to be concluded.

4. This Court is of the considered opinion that the competent authorities must be vigilant in pursuing the departmental https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.13716 of 2014 proceedings and conclude the same within a reasonable period of time. Especially in a case of retired employee, the competent authorities must ensure that the disciplinary proceedings are completed within a short span of time, enabling those employees to get their benefits. Keeping the disciplinary proceedings pending for long years would cause irreparable hardship to the retired employees. Thus, on initiation of disciplinary proceedings, the authorities competent are bound to conclude the same at the earliest possible.

5. The learned counsel for the petitioner brought to the notice of this Court that the enquiry proceedings had already been completed. This being the factum, the respondents are directed to conclude the departmental disciplinary proceedings at the earliest possible by following the procedures contemplated and by affording opportunity to the writ petitioner and pass final orders as expeditiously as possible.

6. With these directions, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government, State of Tamilnadu, Public Works Department (PWD), Secretariat, St.Geroge Fort, Chennai - 9.

2.The Engineer-in-Chief, WRD, and Chief Engineer (General, PWD, Office of the Engineer-in-Chief, WRD, & Chief Engineer (General)PWD, Chepauk, Chennai - 600 005.

+1 CC to M/s.Special Govt.Pleader ( SR-19435[F] dated 08/10/2020 ) +1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-19468[F] dated 08/10/2020 ) W.P.(MD)No.13716 of 2014 07.10.2020 MPK SDS (14.10.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/