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2006 DIGILAW 2167 (MAD)

R. Sridharan v. The Secretary to Government Handicrafts, Handlooms, Textiles and Khadi Department & Others

2006-08-25

P.JYOTHIMANI

body2006
Judgment :- (This Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the Secretary to Government, Handicrafts, Handlooms, Textiles and Khadi Department, Fort St. George, Chennai-9, the first respondent herein, to pass final orders on the disciplinary proceedings initiated against the petitioner pursuant to the issue of charge memo in No.Na.4288/B4(2)/05-2 dated 16.9.2005 by the second respondent within a period of four weeks from the date of receipt of the copy of the order so as to enable the petitioner to retire on 31.1.2007 and get his retirement benefits on reaching the age of superannuation.) This writ petition has been filed for a direction against the first respondent to pass final orders on the disciplinary proceedings initiated against the petitioner pursuant to the charges framed against the petitioner by the second respondent dated 16.9.2005. The said charges were framed by the second respondent on 16.9.2005 against the petitioner working as Assistant Accounts Officer under the Tamil Nadu Khadi and Village Industries Board. To the above said charge memo, the petitioner has also submitted his explanation on 12.4.2006 and the enquiry was conducted and the same was completed on 10.7.2006. However, the third respondent, who was appointed as enquiry officer, has not forwarded the enquiry report till date. The petitioner is due to retire on 31.1.2007. In view of the same, the petitioner has filed the present writ petition for a direction against the first respondent to complete the enquiry proceedings initiated by the second respondent in the above said charge memo dated 16.9.2005. 2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. 3. Considering the submissions made by the learned counsel for the petitioner and on the admitted fact that the enquiry has been completed and the third respondent has to submit his enquiry report based on which the first respondent has to pass the final order, the third respondent is directed to forward the enquiry report to the first respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of such enquiry report, the first respondent is directed to pass final orders within a period of four weeks thereafter. 4. The writ petition is disposed of in the above terms. No costs. 4. The writ petition is disposed of in the above terms. No costs. Consequently, connected M.P.No.1 of 2006 is closed.