1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7713 of 2011 And M.P.(MD).Nos.1 & 2 of 2011 C.Veeraiah ... Petitioner -Vs- 1. The Government of Tamil Nadu Rep. by its Secretary Rural Development and Panchayat Raj Department Fort St. George, Chennai 2. The Commissioner Rural Development and Panchayat Raj Department Chennai 3. The District Collector Sivagangai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari calling for the records pertaining to charge memo issued by the third respondent in his proceedings in Na.Ka.No.PP5/22075/2009-1, dated 10.05.2010, quash the same. *** For Petitioner : Mrs.J.Nisha Banu For Respondents : Mr.S.Chandrasekaran Government Advocate O R D E R Though the petitioner has sought for a Writ of Certiorari to challenge the charge memo issued by the District Collector, Sivagangai, the third respondent herein, vide proceedings in Na.Ka.No.PP5/22075/2009- 1, dated 10.05.2010, Mr.S.Chandrasekar, learned Government Advocate submitted that the enquiry proceedings had already commenced. 2. Learned counsel appearing for the petitioner submitted that as the petitioner is due to retire on 30.09.2012, the proceedings which had already been commenced need not be protected and the petitioner would be satisfied, if a direction is issued to the third respondent to pass orders on the disciplinary proceedings, as expeditiously as possible, considering the date of superannuation. 3. Recording the submissions of the learned counsel for the petitioner and without adverting to the merits of this case, a direction is issued to the District Collector, Sivagangai, to complete the https://hcservices.ecourts.gov.in/hcservices/ 2 disciplinary proceedings initiated in Na.Ka.No.PP5/22075/2009-1, dated 10.05.2010, within a period of four weeks from the date of receipt of a copy of this order and pass orders. 4. A Perusal of the charge memo, shows that there is administrative lapse in not filing the post between 16.06.2008 to 31.08.2008, and that the petitioner has been proceeded under Rules 17(b) Tamil Nadu Civil Service (Discipline & Appeal) Rules, proposing to impose a major penalty. This Court is of the view that the abovesaid administrative lapse, is not a very serious in nature like embezzlement, misappropriation, or such other misconduct, involving moral turpitude warranting a major penalty. Therefore, before passing final orders on the disciplinary proceedings, the third respondent is directed to take note of the observations of this Court. The petitioner shall also co- operate with the enquiry, so as to enable the competent authority to pass orders within the time frame. 5. With the above said direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Secretary The Government of Tamil Nadu Rural Development and Panchayat Raj Department Fort St. George Chennai 2. The Commissioner Rural Development and Panchayat Raj Department Chennai 3. The District Collector Sivagangai W.P.(MD).No.7713 of 2011 And M.P.(MD).Nos.1 & 2 of 2011 12.07.2011 vsg RJ/14.7.11 (IT) 2p/4c https://hcservices.ecourts.gov.in/hcservices/