1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07/09/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10150 of 2011 K.Ramasubbu ... Petitioner Vs. 1. The Principal Secretary to Government Rural Development and Panchayat Raj, Department, Secretariat, Chennai - 600 009. 2. The Director General Highways Department Chepauk, Chennai - 600 005. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the first respondent to dispose of the disciplinary action initiated in the first respondent's letter No. 33808/E-1/2007-8 dated 06.05.2010 on merits and in accordance with law. For petitioner : Mr.S.Visvalingam For Respondents : Mr.B.Pugalendhi Special Government Pleader O R D E R Pleadings disclose that when the petitioner was working as Divisional Engineer, the Chief Engineer (General), Highways Department (presently Director General), Highways Department, Chennai, the second respondent herein, framed charges against the petitioner in memo No. 54/CON III / 2009-1 dated 28.04.2009, for which, the petitioner submitted his explanation. The Superintending Engineer (Nabard) and Rural Works, Tirunelveli, was appointed as Enquiry Officer, on 04.05.2010. When the enquiry ordered was pending, the Government in their letter No. 33808/E-1, dated 06.05.2010, framed another set of charges on the same set of facts. The petitioner submitted his explanation on 25.06.2010 denying charges. Citing the pendency of the later charge, the petitioner was not permitted to retire on 30.06.2011 on attaining the age of superannuation, just three days before the date on which he attained superannuation, Orders, dated 27.06.2011 were issued cancelling the https://hcservices.ecourts.gov.in/hcservices/ 2 earlier charge memorandum, dated 28.04.2009, framed by the Chief Engineer (General), Highways Department (presently Director General), Highways Department, Chennai, the second respondent herein. As the allegations pertain to the year 2001-2005 and having regard to the fact that the petitioner had already submitted his explanation to both the charges about one year before the date on which he attained the superannuation, the petitioner has expressed grievance and hardship that the charges are still pending. 2. According to him, when he has not protracted the proceedings, the first respondent, is bound to dispose of the disciplinary action expeditiously. In such circumstances, he has approached this Court for a Mandamus. 3. Considering the limited relief sought for, learned Special Government Pleader, was put on notice and heard. He submitted that apart from the petitioner, there are four other co- delinquents involved in the irregularities committed in putting up temporary shelters for Tusnami victims in Kanyakumari District. He therefore submitted that considering the nature of allegations and the decision of the Government, to have a joint enquiry, it may require sometime for disposal of the enquiry initiated against the petitioner and others. Hence, he prayed for six months time. His submission is placed on record. 4. Heard the learned counsel appearing for the petitioner and perused the material available on record. 5. Pleadings and material on record shows that the petitioner and four other persons, have been alleged to have committed irregularities committed in the construction of temporary shelter for Tusnami victims. Though allegations impugned to the period between 2001 - 2005, the charges framed earlier by the Chief Engineer (General), Highways Department (presently Director General), Highways Department, Chennai, the second respondent herein, in reference No. Ka.No. 33808/E1/2007-15, dated 27.06.2011, has been rescinded by the Government. Even prior to the same, the Government in the letter No. 33808/E-1, dated 06.05.2010, have framed fresh set of charges for which, the petitioner has offered his explanation on 25.06.2010. 6. Material on record shows that the charges inter alia contain financial irregularities in the misuse of funds allotted to Tusnami work and in the construction of a temporary shelters for Tusnami victims. As per Annexure III to the charges, the following documents are sought to be marked: (i) File No. A1/8011/05 (O/o District Rural Development Agency), Kanyakumari (ii) Audit report in Letter No. TAU/100320/05, dated 20.08.2006. https://hcservices.ecourts.gov.in/hcservices/ 3 7. Surprisingly, as per Annexure IV, no witnesses have been proposed to be examined to sustain the charges. Nevertheless, it is always open to the disciplinary / appointing authority to let in oral and documentary evidence by putting the charged Official well in advance of the evidence to be let in, in the enquiry, so as to enable him to effectively defend the charges. 8. As the petitioner himself has come forward for a Mandamus for early disposal of the disciplinary proceedings, he shall not protract the proceedings except for any genuine or bona fide cause to effectively defend the disciplinary proceedings. 9. Considering the nature of allegations and the involvement of four other Officers, certainly completion of enquiry and passing of appropriate orders would require considerable time. If any opinion has to be obtained from the Tamil Nadu Public Service Commission, it may also consume some time. 10. Considering the abovesaid aspects, a direction is issued to the first respondent, to complete the enquiry proceedings ordered in Letter No. 33808/E-1/2007-8, dated 06.05.2010, within a period of four months from the date of receipt of a copy of this order. The Government take appropriate steps to complete the exercise within the time frame. 11. With the abovesaid directions, this Writ Petition is disposed of. No costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1. The Principal Secretary to Government Rural Development and Panchayat Raj, Department, Secretariat, Chennai - 600 009. 2. The Director General Highways Department Chepauk, Chennai - 600 005. W.P.(MD).No.10150 of 2011 07.09.2011 vsg NSV/9.9.11/3P/3C https://hcservices.ecourts.gov.in/hcservices/