P.Chellamuthu, v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.6620 of 2016 P.Chellamuthu ... Petitioner Vs.

1.The Secretary to Government, Agriculture Department, Fort St.George, Chennai - 600 009.

2.The Director of Agriculture, Chepauk, Chennai- 600 005.

3.The Deputy Registrar, Agricultural Engineering Services, Department of Agriculture, Chepauk, Chennai-5.

4.The Joint Director of Agriculture, Karur-639 007.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned charge memo issued by the second respondent in No.PON1/3/105569/2010, dated 28.01.2016, and quash the same.

For Petitioner : MrAL.Kannan For Respondents : Mr.D.Muruganantham Additional Government Pleader

O R D E R

This writ petition has been filed against the proceedings of the second respondent in his proceedings No.PON1/3/105569/2010, dated 28.01.2016.

2. Though the petitioner raised many grounds in this petition, when the matter came up for hearing, the learned counsel 1/3

for the petitioner would submit that it would suffice, if the petitioner is permitted to peruse the documents relied upon during the enquiry and to take a Xerox copy of the same on his own and thereafter, a direction may be issued to the respondents to conclude the disciplinary proceedings within a reasonable time as fixed by this Court.

4. The learned Additional Government Pleader has no serious objection to consider the request made by the petitioner.

5. Considering the facts and circumstances of the case and also by considering the limited request made by the learned counsel for the petitioner, without going to the merits of the case, this Court directs the second respondent to conclude the disciplinary proceedings, on merits and in accordance with law, within a period of six (6) months from the date of receipt of a copy of this order. It is needless to mention that the Enquiry Officer shall issue the documents, which were relied upon during the enquiry, to the petitioner and allow him to peruse the same and take a Xerox copy on his own. However, the petitioner is at liberty to raise the additional points, if any, before the Enquiry Officer as well as the Disciplinary Authority.

6. Accordingly, with the above observations this Writ Petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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.

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To 1.The Secretary to Government, Agriculture Department, Fort St.George, Chennai - 600 009.

2.The Director of Agriculture, Chepauk, Chennai- 600 005.

3.The Deputy Registrar, Agricultural Engineering Services, Department of Agriculture, Chepauk, Chennai-5.

4.The Joint Director of Agriculture, Karur-639 007.

+1 CC to M/s.SPL GP ( SR-6208[F] dated 19/02/2021 ) W.P.(MD).No.8098 of 2016 18.02.2021 mj(CO) TR(01.03.2021) 3P 6C 3/3