L. Marimuthu Prabhu v. The Assistant Director

W.P.(MD)No.20618/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.20618 of 2019 L.Marimuthu Prabhu ... Petitioner -VsThe Assistant Director Cum P.A., to the District Collector (Land Survey), Dindigul District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pass final orders in Na.Ka.No.A3/7808/2015 within a stipulated period to be fixed by this Court.

For Petitioner : Mr.S.Kumar For Respondent : Mr.V.R.Shanmuganathan, Special Government Pleader.

ORDER

Heard Mr.S.Kumar, learned counsel appearing on behalf of the petitioner and Mr.V.R.Shanmuganathan, learned Special Government Pleader, who takes notice on behalf of the respondent. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.This Writ Petition is filed for a direction to the respondent to pass final orders in Na.Ka.No.A3/7808/2015, within a stipulated period to be fixed by this Court.

4.According to the petitioner, while he was working as Surveyor, the respondent initiated departmental disciplinary proceedings and issued charge memo on the petitioner on 12.11.2015, alleging that the petitioner attended the police enquiry without permission of the authority, containing three charges. The petitioner has submitted his explanation. The enquiry officer was appointed and he has concluded the enquiry and filed a report on 28.03.2016. However, the respondent has not passed any final order in the departmental disciplinary proceedings and in view of the pendency of the departmental disciplinary proceedings, promotional opportunity of the petitioner is affected and hence, the petitioner has come out with the present Writ Petition.

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W.P.(MD)No.20618/2019 5.The learned Special Government Pleader appearing for the respondent submitted that in view of the pendency of the criminal case, departmental disciplinary proceedings are not completed and it is kept pending. The final orders will be passed, within a time frame to be fixed by this Court.

6.Considering the submissions made by the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent, this Writ Petition is disposed of, directing the respondent to pass final orders on the disciplinary proceedings, within a period of three months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) Myr To The Assistant Director Cum P.A., to the District Collector (Land Survey), Dindigul District.

+1CC TO MR.S.KUMAR, Advocate Sr. No.89767 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 89836 W.P.(MD)No.20618 of 2019 25.09.2019 SMV(CO) TR(11.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2