1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30/9/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR W.P.(MD)No.11347 of 2011 B. Rethina Kaleeswaran ... Petitioner Vs. 1. The District Collector Sivagangai District, Sivagangai. 2. The Block Development Officer Kalayarkovil Sivagangai Block Sivagangai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the second respondent to conclude the departmental proceedings initiated in pursuance of the charge memo issued by the first respondent in his proceeding in Na.Ka.No.B3/18270/2010 dated 3/8/2010 and consequently to direct the first respondent to pass final orders within the period that may be stipulated by this Court. For petitioner ... Mr.M.Ajmal Khan For respondent ... Mr.M.Alaguthevan, Spl.G.P. O R D E R Based with a disciplinary action, taken by the District Collector, Sivagangai District, in charge memorandum dated 3/8/2010 under Rule 17 (b) of the Tamil Nadu Civil Services (D & A) Rules and continued under suspension from 29/7/2010 on the allegation that the petitioner had misappropriated Village Panchayat funds to the tune of Rs.9,032/- and on a further charge of failure to submit relevant records of Nagarakudi Village Panchayat before the Deputy Block Development Officer (Audit) of Illayankudi Panchayat Union at the time of inspection and audit held on 3/5/2010, the petitioner has come forward with the present writ petition for a mandamus directing the District Collector, Sivagangai/ first respondent herein to pass orders on the disciplinary proceedings. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Pleadings disclose that according to the petitioner, though, he has submitted an explanation on 11/8/2010, denying the charges and also remitted a sum of Rs.9,000/- on 6/5/2010 and a sum of Rs.32/- on 31/7/2010, respectively in the name of Village Panchayat bank account. Not satisfied with the explanation, the Block Development Officer, Kalayarkovil, Sivagangai District/second respondent has been appointed as an Enquiry Officer. By a proceeding dated 7/9/2010, the Enquiry Officer directed the petitioner to appear on 14/9/2010 and accordingly, he appeared and submitted his further explanation. It is the case of the petitioner that thereafter, no steps have been taken by the respondents 1 and 2 and due to the pendency of the disciplinary proceedings, the petitioner is under prolonged suspension from 29/7/2010 and that causing agony and irreparable hardship. 3. It is the case of the petitioner that the pendency of the disciplinary proceedings to the effect the right of the petitioner to be considered for promotion. In the above said circumstances, the petitioner has come forward with the relief as stated therein. 4. Considering the limited relief, Mr.Alaguthevan, Special Government Pleader, who took notice at the time of admission, sought for time to ascertain as to whether the petitioner had appeared on 14/9/2010. Pursuant to the notice dated 7/9/2010 of the Enquiry Officer and also to verify as to whether the disciplinary proceedings initiated on 3/8/2010 under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules have been completed or not. 5. Heard the learned counsel for the parties and perused the materials available on record. 6. According to the petitioner, though he had appeared in person on 14/9/2010 and submitted his explanation to the Enquiry Officer, there is no progress. The disciplinary proceedings initiated on 3/8/2010 under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, is still pending. If the proceedings are still pending, on the file of the District Collector, Sivagangai District/first respondent herein, having regard to the submission of the petitioner that he is willing to participate in the enquiry, there may not be any impediment in proceeding with the disciplinary action. It is to be noted that the petitioner has also remitted a sum of Rs.9,000/- on 6/5/2010 and a sum of Rs.32/- on 31/7/2010, respectively in the name of Village Panchayat bank account. Accordingly, a direction shall be issued to the respondents to proceed with the enquiry, if the disciplinary action has not reached any finality, and after providing reasonable opportunity, as per the procedure contemplated under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules and pass final orders within a period of three months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 3 7. With the above direction, this writ petition is disposed of accordingly. No costs. Consequently, Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1. The District Collector Sivagangai District. 2. The Block Development Officer Kalayarkovil Sivagangai Block Sivagangai District. +1 CC to Mr.M.Ajmal Khan, Advocate (SR.No.34651) W.P.(MD) No.11347 of 2011 30/9/2011 mvs NSV/18.10.11/3P/4C https://hcservices.ecourts.gov.in/hcservices/