N. Alagarsamy v. Registrar of Co-operative Societies, (Housing) of Tamil Nadu Housing Board Office, Chennai
2015-01-09
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment 1. Mr. S. Kumar, learned Additional Government Pleader takes notice for R1 to R4 and Mr. K. Mahesh Raja, learned Government Advocate takes notice for R6 and by consent of both the parties, the main writ petition itself is taken up for final disposal at the stage of admission. 2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4 and the learned Government Advocate appearing for the sixth respondent. 3. This writ petition is filed challenging the order dated 21.11.2014, passed by the third respondent in rejecting the petitioner's request to reopen the departmental enquiry conducted by the fifth respondent 4. It is seen that the departmental/ disciplinary proceedings has been initiated against the petitioner by issuing a charge memo dated 24.11.2012. Thereafter, an enquiry was conducted and the Enquiry Officer has also filed a report dated 24.07.2014. The petitioner sought to reopen the enquiry by contending that he was not given an opportunity to examine his witness during the enquiry. The said request was rejected through the impugned order. 5. A perusal of the enquiry report would show that the contention of the petitioner is factually not correct as the Enquiry Officer has categorically observed that the petitioner has appeared before the enquiry on 09.05.2014 and submitted that the earlier explanation submitted by him may be treated as the submission in the enquiry also and that the petitioner is not interested in examining any witness in respect of the charges levelled against him. 6. When that being the factual findings rendered by the Enquiry Officer, the petitioner cannot be permitted to contend that the petitioner was not given an opportunity. Moreover, the third respondent has also extended the time for giving an explanation to the enquiry report. Therefore, it is for the petitioner to give his explanation. As the time granted by the third respondent has already expired, the petitioner is permitted to give explanation to the enquiry report within a period of two weeks from the date of receipt of a copy of this order. On receipt of such explanation, the third respondent shall proceed to pass final orders on merits within a period of 12 weeks thereafter. It is open to the petitioner to raise all the grounds in his explanation before the disciplinary authority.
On receipt of such explanation, the third respondent shall proceed to pass final orders on merits within a period of 12 weeks thereafter. It is open to the petitioner to raise all the grounds in his explanation before the disciplinary authority. It is further submitted by the petitioner even though the petitioner was suspended, he was not paid the subsistence allowance so far. If the petitioner has not been paid any subsistence allowance so far, the respondents shall make such payment without further any delay, however, within a period of four weeks from the date of receipt of a copy of this order. 7. With the above directions, the writ petition is disposed of. Consequently, the connected Miscellaneous petitions are closed.