J.Samuel Jebaraj Vedamuthu v. The Secretary To Governemnt

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2022

CORAM:

THE HONOURABLE DR JUSTICE ANITA SUMANTH W.P.(MD) Nos.11773 and 11838 of 2018 and W.M.P(MD)Nos.10682, 10683, 10774 and 10775 of 2018 In both Writ Petitions:

J. Samuel JebarajVedamuthu ... Petitioner Vs.

1.The Secretary to the Government, Animal Husbandry and Fisheries Department, St.George Fort, Chennai.

2.The Director of Animal Husbandry and Veterinary Services, Veterinary Hospital Complex, Saidapet, Chennai.

3. The District Collector, Dindigul District, Dindigul.

4.The Additional Director and Enquiry Officer (Special Scheme), O/o the Director of Animal Husbandry and Veterinary Services, Veterinary Hospital Complex, Saidapet, Chennai.

5. The Joint Director and Enquiry Officer, Veterinary Epidemiological Centre,, O/o. The Director of Animal Husbundry and Veterinary Services, Veterinary Hospital Complex, Saidapet, Chennai.

... Respondents PRAYER in W.P(MD)No.11773 of 2018: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorary to call for the records pertaining to the impugned charge memo passed by the second respondent in Na.Ka.No.40840-L2/2017 dated 21.05.2018 and quash the same as illegal.

PRAYER in W.P(MD)No.11838 of 2018: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorary to call for the records pertaining to the impugned G.O.(D)No.221 dated 29.05.2018 of the first respondent and quash the same as illegal.

In both Writ Petitions:

For Petitioner : Mr.M.Thirunavukarasu For Respondents : Mr.A.K.Manikkam 1/3

Special Government Pleader C O M M O N O R D E R The present two(2) Writ Petitions have been filed by the petitioner challenging a charge memo dated 21.05.2008 and order of suspension dated 29.05.2008 consequent upon laying of the aforesaid charges.

2. Though no interim protection has been granted by the Court, it is seen that the respondents have not proceeded further in the matter. When a query was posed in this regard, learned Special Government Pleader would circulate notice dated 06.01.2020 issued to the petitioner calling upon him to appear to tender his explanations to the charges. The petitioner also appeared and submitted that the matter should not be proceeded with, pending Writ Petition, though absent an interim stay. The fact of the matter is that there has been no traction as far as the disciplinary proceedings are concerned.

3. Making it clear that no reference is made to submissions of the learned counsel on merits, the petitioner is directed to appear before the Enquiry Officer, to be appointed forthwith and details of whom shall be communicated by the respondents to the petitioner within a week from today. The Officer so appointed shall conduct the enquiry on Wednesday the 19th of January 2022, at 10.30. a.m and the proceedings shall be completed within a period of one month therefrom i.e on or before 21.02.2022. The fate of the impugned order of suspension shall depend upon the view taken in regard to the charges laid.

4. With the aforesaid directions, both Writ Petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed.

5. List the Writ Petitions on 24.02.2022 for compliance. Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) CM Note : n 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.

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To, 1.The Secretary to the Government, Animal Husbandry and Fisheries Department, St.George Fort,Chennai.

2.The Director of Animal Husbandry and Veterinary Services, Veterinary Hospital Complex, Saidapet, Chennai.

3. The District Collector, Dindigul District,Dindigul.

4.The Additional Director and Enquiry Officer (Special Scheme), O/o the Director of Animal Husbandry and Veterinary Services, Veterinary Hospital Complex, Saidapet, Chennai.

5. The Joint Director and Enquiry Officer, Veterinary Epidemiological Centre,, O/o. The Director of Animal Husbundry and Veterinary Services, Veterinary Hospital Complex, Saidapet, Chennai.

Copy to The Section Officer, Writ Section Madurai Bench of Madras High Court, Madurai +1 CC to M/s.M.THIRUNAVUKKARASU, Advocate ( SR-64[F] dated 04/01/2022 ) +1CC to M/s.SPL GP,SR.No. 203 dated 04.01.2022 W.P.(MD) Nos.11773 and 11838 of 2018 and W.M.P(MD)Nos.10682, 10683, 10774 and 10775 of 2018 03.01.2022 MA(CO) KB(04.01.2022) 3P 8C 3/3