Madras High CourtWP(MD)/26982/2019disposed of

N.Jeyakodi v. The Assistant Director Of Town Panchyats

2020-02-12Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.26982 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.26982 of 2019 N.Jeyakodi ... Petitioner Vs.

1.The Assistant Director of Town Panchayats, Thanjavur Region, Collectorate, 3rd Floor, Thanjavur.

2.M.Guru Rajamani ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to complete the enquiry in proceedings Na.Ka.No.1087/2019/ngU.1 dated 03.06.2019 on his file, within a stipulated time. For Petitioner : Mr.AN.Ramanathan For R-1 : Mrs.J.Padmavathi Devi, Special Government Pleader For R-2 : No Appearance

ORDER

The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the 1st respondent to complete the enquiry in proceedings Na.Ka.No.1087/2019/ngU.1 dated 03.06.2019 on his file, within a stipulated time.

2. The first respondent Assistant Director of Town Panchayats, Thanjavur Region, has filed a counter-affidavit and states that preliminary or departmental enquiry is between the disciplinary authority and the delinquent employee. The petitioner having aggrieved and suffered at the hands of the second respondent has to resort to any action before the competent authority or competent forum. He further states that insofar as the first respondent is concerned they can only initiate disciplinary action for the misconduct of the second respondent as the dispute between them is an illegal private transaction.

3. It is to be noted that the first respondent had already initiated the enquiry and issued a notice in Na.Ka.No.1087/2019/ngU.1 dated 03.06.2019. Having initiated the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.26982 of 2020 proceedings, the same has to be brought to a logical conclusion.

4. Therefore, the first respondent is directed to complete the enquiry, after giving notice to the petitioner as well as the second respondent herein and affording them an opportunity of hearing, within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. No Costs.

Sd/ Assistant Registrar /True copy/ / /2020 Sub Assistant Registrar pm To:

The Assistant Director of Town Panchayats, Thanjavur Region, Collectorate, 3rd Floor, Thanjavur.

+1 CC to M/s.SPL.GP ( SR-6334[F] dated 14/02/2020 ) +1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-5859[F] dated 12/02/2020 ) W.P(MD)No.26982 of 2020 12.02.2020 PM KK/SAR/24.02.2020/2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2