A. Syed v. The Deputy Registrar (Non Credit) of Co-operatives
2006-08-17
P.JYOTHIMANI
body2006
DigiLaw.ai
Judgment :- (Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records relating to the Impugned Order RC.5661/205/EM, dated 19.09.2005 passed by the respondent and quash the same.) This writ petition has been filed challenging the impugned order of the respondent, dated 19.09.2005, which was passed under Rule 17(e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. 2. On the basis of the report of the Inspector of Police, All Women Police Station, dated 19.09.2005, it is stated that the said complaint was in respect under Dowry Prohibition Act and the petitioner was in jail for more than 48 hours and in view of the same, the said Rule 17(e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules was invoked and the petitioner was placed under suspension. 3. It is also stated by the learned Government Advocate that the petitioner was arrested on 16.09.2005 and released by an order dated 27.09.2005 and therefore, it was a case of deemed suspension for having undergone imprisonment for more than 48 hours. 4. The learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is given to the respondent to frame charges and complete the disciplinary proceedings within a time frame, to which course of action, the learned Government Advocate has no objection. 5. In view of the same, the respondent is directed to frame charges against the petitioner and complete the disciplinary proceedings and pass final orders in accordance with law, giving sufficient opportunity to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed.