P.Subramaniam v. The Commissioner

W.P.(MD) No.20593 of 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.20593 of 2019 P.Subramaniam ... Petitioner -VsThe Commissioner, Madurai Corporation, Madurai.

... 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 the departmental proceedings pending in file No.Ma.Ne.2/1138/2011 within the time framed by this Court. For Petitioner : Mr.A.Srinivasan For Respondent : Mr.T.S.Mohammed Mohideen

ORDER

Heard Mr.A.Srinivasan, learned counsel appearing on behalf of the petitioner and Mr.T.S.Mohammed Mohideen, learned counsel, 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 the departmental proceedings pending in file No.Ma.Ne.2/1138/2011, within the time framed by this Court.

4.According to the petitioner, while he was working as Assistant Engineer in Zone II of Madurai Corporation, a charge memo, dated 30.09.2011, was issued to him. The petitioner has submitted his explanation. Not being satisfied with the explanation, an enquiry was conducted, during the year 2016. After completion of enquiry, the enquiry officer has filed enquiry report on 15.12.2016, holding that the charges against the petitioner are not proved. However, the respondent has not passed any order in the departmental disciplinary proceedings, till today and not concluded the disciplinary proceedings and the same are kept pending from 2016. In view of the pendency of the departmental disciplinary proceedings, his promotional opportunity is affected and hence, the petitioner has come out with the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.20593 of 2019 5.The learned counsel appearing for the respondent submitted that the representation of the petitioner, dated 05.09.2019, will be considered on merits and appropriate orders will be passed thereon, within a time frame that may be fixed by this Court. 6.Considering the above said submission, this Court directs the respondent to pass final orders in the departmental proceedings, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To The Commissioner, Madurai Corporation, Madurai.

+1 CC to M/s.A.SRINIVASAN, Advocate SR-89229. +1 CC to M/s.T.S.MOHAMED MOHIDHEEN, Advocate SR-89277. W.P.(MD)No.20593 of 2019 25.09.2019 CS(11.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2