Chandrasekar.P v. The Special Commissioner Of Revenue Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)No.22410 of 2022 P.Chandrasekar ... Petitioner Vs.

1. The Special Commissioner of Revenue Administration Ezhilagam, Chepauk, Chennai- 600 005.

2. The District Collector Tirunelveli District, Tirunelveli- 627 009.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for records relating to the proceedings made in R.C.No. A6/21523/2021 dated 25.07.2021 as well as the consequential orders passed in R.C.No. A6/21523/2021 dated 31.08.2021 issued by the 2nd respondent and quash the same.

For Petitioner :

Mr. S.StalinMuthu For Respondents :

Mr. G.V.Vairam Santhosh, Additional Government Pleader.

O R D E R

This Writ Petition has been filed to call for the records relating to the proceedings made in R.C.No. A6/21523/2021 dated 25.07.2021 as well as the consequential order passed in R.C.No. A6/21523/2021 dated 31.08.2021 by the 2nd respondent and quash the same.

2. The learned counsel appearing for the petitioner would submit that the petitioner has filed the present writ petition challenging the suspension order issued on 25.07.2021 and the charge memo issued on 31.08.2021 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The Enquiry officer submitted his enquiry report to the second respondent on 05.05.2022. However, till date, no order has been passed on the disciplinary proceedings. Hence, he prays that this Court may issue a direction to the second respondent to pass final order on the

disciplinary proceedings initiated against the petitioner based on the enquiry enquiry within the time to be stipulated by this Court after affording opportunity to the petitioner.

3. The learned Additional Government Pleader appearing for the respondents would submit that the enquiry report has been submitted on 05.05.2022 and the appropriate orders will be passed within a reasonable time.

4. Heard Mr.S.Stalinmuthu, learned counsel appearing for the petitioner and Mr.G.V.Vairom Santhosh, learned Additional Government Pleader appearing for the respondents.

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5. Though a larger relief has been sought for by the petitioner, since the learned counsel appearing for the petitioner confines his relief to direct the second respondent to pass final order on the disciplinary proceedings initiated against the petitioner based on the enquiry report, this Court is inclined to issue a direction to the second respondent to conclude

the disciplinary proceedings and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.

16.12.2022 Index : Yes / No Speaking Order : Yes / No ssb To

1. The Special Commissioner of Revenue Administration Ezhilagam, Chepauk, Chennai- 600 005.

2. The District Collector Tirunelveli District, Tirunelveli- 627 009.

M.DHANDAPANI,J.

ssb and W.M.P.(MD)No.22410 of 2022 16.12.2022