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Madras High CourtWP(MD)/28056/2023disposed of

Eswaran.K v. State Of Tamil Nadu

2023-11-28Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.28056 of 2023 K.Eswaran ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Commercial Taxes and Registration Department, For St.George, Chennai - 600 009.

2. The Inspector General of Registration, Office of the Inspector General of Registration, Chennai - 600 028.

3. The Commissioner for Disciplinary Proceedings, Tribunal for Disciplinary Proceedings, Collectors Office Campus, Nagercoil.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to dispose of the disciplinary proceedings pending against the petitioner in TDP No.04/2021, dated 13.08.2022 on the file of the third respondent expeditiously within a time frame that may be fixed by this Court.

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For Petitioner : Mr.T.Sakthi Kumaran For Respondents : Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

The present writ petition has been filed by an Assistant working in the Registration Department seeking a mandamus as against the third respondent to complete the disciplinary proceedings expeditiously.

2. According to the learned counsel appearing for the writ petitioner, a Charge Memo was issued to the petitioner on 13.08.2022 by the third respondent herein. On 20.03.2023, notices were issued to 10 prosecution witnesses to appear for examination. On 22.06.2023, again notices were issued to the same set of 10 witnesses. Again on 10.07.2023, notices were issued to the same set of 10 witnesses to appear for enquiry. Again on 21.08.2023, to the same set of 10 witnesses, notices have been issued to appear for enquiry. Thereafter, on 12.09.2023 notices have been issued to 5 prosecution witnesses to appear for enquiry on 09.10.2023. 2/5

3. Therefore, according to the learned counsel appearing for the petitioner, the examination of the prosecution witnesses is being prolonged and causing great hardship to the petitioner.

4. Considering the above said facts, the third respondent herein is directed to complete the disciplinary proceedings on or before 28.02.2024 and the writ petitioner is directed to co-operate for the enquiry.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

28.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Principal Secretary to Government, Commercial Taxes and Registration Department, For St.George, Chennai - 600 009.

2. The Inspector General of Registration, Office of the Inspector General of Registration, Chennai - 600 028.

3. The Commissioner for Disciplinary Proceedings, Tribunal for Disciplinary Proceedings, Collectors Office Campus, Nagercoil.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.28056 of 2023 28.11.2023 5/5