IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :08.06.2007
C O R A M :
THE HONOURABLE MR.A.P.SHAH, THE CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE P.JYOTHIMANI
W.A.No. 7523 of 2007
and
M.P.No.1 of 2007
N. Liyakath Ali Khan ... Appellant
-vs-
1.The State of Tamil Nadu
rep. by Secretary to Government
Labour and Employment Department
Fort St. George
Chennai 600 009.
2.The Commissioner of Labour
DMS Complex
Chennai 600 006. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order of the learned single Judge dated made in W.P.No.448 of 2007 dated 14.03.2007.
For appellant :: Mr. R. Vijayaraghavan,Sr.Counsel
For respondents :: Mr. Raja Kalifulla
Government Pleader
JUDGMENT
( DELIVERED BY P.JYOTHIMANI,J.)
The order of suspension passed against the appellant and also another order not allowing him to retire on 31.12.2006, were challenged before the learned single Judge on the ground that no disciplinary proceedings or vigilance enquiry is pending against him and therefore, contemplating an enquiry in the absence of any such proceedings is contrary to records. The learned single Judge, having referred to the files produced by the respondents, has specifically found that in fact enquiry is pending before the Director of Vigilance and Anti-corruption Department against the appellant and in view of the same dismissed the writ petition.
2. In such circumstances, the contention raised on behalf of the appellant as if no disciplinary proceedings or contemplation of vigilance enquiry is not pending cannot be sustained. In view of the same, there is no ground to interfere with the order of the learned single Judge. Accordingly, the writ appeal is dismissed, however, with direction to the respondents to expedite the enquiry proceedings against the appellant. There is no order as to costs.
In view of dismissal of the appeal, connected miscellaneous petition is also dismissed.
kh
To
1. The Secretary to Government
State of Tamil Nadu
Labour and Employment Department
Fort St. George
Chennai 600 009.
2. The Commissioner of Labour
DMS Complex
Chennai 600 006.