M. Kanimozhi v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.24376 of 2024 M.Kanimozhi ... Petitioner -vs1.The Additional Chief Secretary to Government, Transport Department, St.George Fort, Chennai - 600 009.
2.The Deputy Secretary, Tamil Nadu Public Service Commission, Tnpsc Road, Chennai - 600 003.
3.The Transport Commissioner, Chepauk, Chennai 5.
4.The Joint Transport Commissioner, Chennai South Zone, Chepauk, Chennai 5.The Joint Transport Commissioner (Admin), Transport and Road Safety, Anaiyaragam, Chepauk, Chennai.
... Respondents 1/6
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to pass an order in the disciplinary proceedings in Memo F.No.43265/VB1/2008 dated 05.11.2008 based on the order passed in W.P.No.7378 of 2023 dated 19.04.2023 and based on the petitioner's representations dated 08.05.2023 and 20.11.2023 within a stipulated time as directed by this Court. For Petitioner : Mr.C.Vakeeswaran For Respondents : Mr.S.Shaji Bino (R1, R3 to R5) Special Government Pleader Mr.J.Anandkumar (R2) Standing Counsel
ORDER
The instant Writ Petition has been filed by the petitioner, who was working as an Assistant in the Regional Transport Office, Trichy, seeking a mandamus as against the first respondent herein for expeditious disposal of the disciplinary proceedings pending against her for passing final orders.
2. A perusal of the records indicates that by way of G.O.(2D)No.143, Home (Transport-II) Department, dated 13.03.2023, final orders were passed 2/6
by the first respondent imposing the punishment of reduction of lower post for a period of six months to the petitioner. The said order was challenged by the petitioner before this Court in WP(MD)No.7378 of 2023. This Court, by order dated 19.04.2023 has set aside the aforesaid order and directed the first respondent to re-consider the said issue in the light of the objections and explanations submitted by the petitioner. Though the order was passed on 19.04.2023 and more than one year has elapsed, sofar the first respondent has not passed any fresh final orders in the disciplinary proceedings. Hence, the present writ petition.
3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1, 3 to 5 and the learned Standing Counsel appearing for the second respondent.
4. Considering the fact that the first respondent is the authority to pass final orders in the disciplinary proceedings and there is also a direction to the first respondent to pass fresh final orders in the disciplinary proceedings by considering the objections and explanations submitted by the petitioner, this Court is inclined to direct the first respondent to pass final orders in the disciplinary proceedings pending against the petitioner within a period of 3/6
twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
16.10.2024 NCC : Yes/No Index : Yes / No sm 4/6
To 1.The Additional Chief Secretary to Government, Transport Department, St.George Fort, Chennai - 600 009.
2.The Transport Commissioner, Chepauk, Chennai 5.
3.The Joint Transport Commissioner, Chennai South Zone, Chepauk, Chennai 4.The Joint Transport Commissioner (Admin), Transport and Road Safety, Anaiyaragam, Chepauk, Chennai.
5/6
R.VIJAYAKUMAR, J.
sm Order made in W.P.(MD)No.24376 of 2024 Dated:
16.10.2024 6/6