Madras High CourtWP(MD)/29911/2023disposed of

Shanawaz.R.M.A.H v. The General Manager

2023-12-18Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR R.M.A.H.Shanawaz, Manager (Engg) (Retired), Tirunelveli District Co-operative Milk Producers Union Limited, Reddiyarpatti Road, Tirunelveli-7.

... Petitioner Vs.

The General Manager, Tirunelveli District Co-operative Milk Producers Union Limited, Reddiyarpatti Road, Tirunelveli-7.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to conclude the disciplinary and other proceedings pending against the petitioner and consequently direct the respondent to settle all the retirement and monetary benefits within the period that may be stipulated by this Court by considering his representation, dated 18.11.2023.

For Petitioner : Mr.M.Jerin Mathew 1/4

For Respondent : Mr.J.Devasenan Standing Counsel

ORDER

The present writ petition has been filed by an employee of a Co-operative Milk Producers Union seeking a Mandamus for expeditious conclusion of the departmental proceedings.

2. According to the learned Counsel appearing for the writ petitioner, the petitioner was issued with a charge memo on 09.02.2022 by the respondent herein but so far enquiry officer has not been appointed. In the previous round of litigation, the petitioner had filed a writ petition in W.P(MD)No.19668 of 2023 seeking a Mandamus for disbursement of pensionary benefits on the ground that after his retirement, the proceedings cannot be proceeded with. However, this Court had rejected the said contention and dismissed the writ petition on 01.11.2023. In view of the above said facts, the enquiry has to be concluded as expeditiously as possible.

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3. Considering the fact that the charge memo has been issued on 09.02.2022 and the petitioner has attained superannuation on 31.01.2023, this Court is inclined to direct the respondent herein to conclude the disciplinary proceedings on or before 30.04.2024.

4. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs.

18.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The General Manager, Tirunelveli District Co-operative Milk Producers Union Limited, Reddiyarpatti Road, Tirunelveli-7.

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R.VIJAYAKUMAR, J.

BTR 18.12.2023 4/4