BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05/04/2006
CORAM:
THE HONOURABLE MR.JUSTICE P.JYOTHIMANI
W.P.(MD)No. 2910 of 2006
and WPMP.Nos.3184 of 2006
M.Rajaram ... Petitioner
Versus
1. The Government of Tamilnadu,
through its Secretary to Government,
Home (Police 17) Department,
Fort St.George, Chennai-9.
2. The Director of Tamilnadu,
Fire and Rescue Services,
No.12, Rukumani Lakshmipathy
Salai, Egmore, Chennai-8. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
a Writ of Mandamus to direct the first respondent to pass final orders in the
departmental enquiry conducted by the enquiry officer in charge sheet No.2 of
1988 relating to the petitioner within a time limit fixed by this Court.
!For Petitioner .... Mr.PT.S.Narendravasan
^For Respondents .... Mr.K.V.Vijayakumar,
Special Govt. Pleader.
:ORDER
Mr.K.V.Vijayakumar, the Learned Special Government Pleader, takes notice
on behalf of the respondents.
2. Heard the learned counsel appearing for the petitioner and the learned
Special Government Pleader, appearing for the respondents. By consent of counsel
on either side, the writ petition itself is taken up for final hearing.
3. This writ petition is filed for a direction to the first respondent to
pass final orders in a departmental enquiry conducted in respect of charge sheet
No.2/88 relating to the petitioner. The petitioner who is working as
Divisional Fire Officer under the second respondent was issued with a charge
memo on 8.2.1998 and subsequently, the second respondent has passed an order of
punishment dated 15.11.1989 imposing punishment of stoppage of increment without
cumulative effect. As against that order the petitioner has filed an appeal
before the first respondent and the first respondent by an order dated 6.8.1993
allowed the Revision and remanded back the matter to the second respondent for
appropriate enquiry and pursuant to that the second respondent has issued a
second show cause notice to the petitioner on 1.1.2004 including the report of
the enquiry officer. The petitioner has also submitted his explanation on
17.1.2004. Even after the date of superannuation of the petitioner, the matter
is pending merely four years. Inspite of the same, the second respondent has
not passed any order. In the circumstance, the petitioner is constrained to
approach this Court for a direction as above.
4. This court is of the view that a direction should be given to the first
respondent to pass orders in the disciplinary proceedings initiated against the
petitioner.
` 5. In view of the facts and circumstance, the first respondent is
directed to pass final orders in the departmental enquiry based on the enquiry
officer report in charge No.2/98 within a period of 12 weeks from the date of
receipt of a copy of this order. Such order shall be passed in conformity with
the principles of natural justice. No costs. Accordingly the writ petition is
disposed of . Consequently the connected W.P.M.P.No.3184 of 2006 is closed.
There is no order to costs.
mvk
To
1. The Government of Tamilnadu,
through its Secretary to Government,
Home (Police 17) Department,
Fort St.George, Chennai-9.
2. The Director of Tamilnadu,
Fire and Rescue Services,
No.12, Rukumani Lakshmipathy
Salai, Egmore, Chennai-8.