1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12381 of 2011 C.Subramanian .. Petitioner Vs. 1. The Agricultural Production Commissioner and Secretary to Government, Fort. St.George, Chennai-9. 2. The Chief Engineer, Agricultural Engineering Department, No.487, Anna Salai, Nandanam, Chennai-35. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the first respondent to pass final order on the disciplinary proceeding initiated against the petitioner pursuant to the charge memo dated 16.11.2001 based on the petitioner's representation dated 06.09.2011 within the stipulated period. For Petitioner : Mr.V.P.Rajan For Respondents : Mrs.S.Bharathi Government Advocate. O R D E R This Writ Petition has been filed by the petitioner C.Subramanian under Article 226 of the Constitution of India for a Writ of Mandamus to direct the first respondent/Agricultural Production Commissioner and Secretary to Government, Chennai, to pass final order on the disciplinary proceeding initiated against the petitioner pursuant to the charge memo dated 16.11.2001 based on the petitioner's representation dated 06.09.2011 within the stipulated period, since the enquiry was also over. 2. Heard Mr.V.P.Rajan, learned Counsel for the petitioner and Mrs.S.Bharathi, learned Government Advocate, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The only short point involved in the present writ petition is as contended by the learned Counsel appearing for the petitioner, that after the petitioner was issued with a charge memo dated 16.11.2001 alleging that he and ten other delinquent employees have caused financial loss in implementation of Drip Irrigation System, the petitioner, on receipt of the said charge memo, submitted his explanation denying all the charges. But, however, Disciplinary Authority, not being satisfied with the explanation submitted by the petitioner, proceeded with the departmental enquiry by appointing an enquiry officer, who on completion of the https://hcservices.ecourts.gov.in/hcservices/ 2 enquiry submitted his report on 21.02.2003 holding that the petitioner was found guilty along with other co-delinquents. 5. Subsequently, thereafter, the disciplinary authority by different orders dated 05.03.2009 and 03.06.2010 etc., have imposed suitable punishment against the co-delinquents. While so, the very same disciplinary authority has not till date passed any final order. Since the date of retirement of the petitioner on superannuation falls on 31.12.2011, he has come to this Court after making several representations to pass final orders. 6. Therefore, under these circumstances, the prayer made by the petitioner to issue a direction to the first respondent to pass final order on the final report submitted by the disciplinary authority on 21.02.2003, is acceptable. When the disciplinary authority, after the completion of enquiry against 11 delinquents, having imposed punishment against several other person by virtue of two different orders dated 05.03.2009 and 03.06.2010, the very same disciplinary authority cannot delay in passing the final order against the petitioner, since he is going to reach the superannuation on 31.12.2011. 7. In view of the above, this Court is inclined to issue a direction to the first respondent. Accordingly, the first respondent is directed to pass final orders on the disciplinary proceeding initiated against the petitioner pursuant to the charge memo dated 16.11.2001 based on the representation of the petitioner dated 06.09.2011 within a period of three weeks from the date of receipt of a copy of this order. 8. With the above observations, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS) To 1. The Agricultural Production Commissioner and Secretary to Government, Fort. St.George, Chennai-9. 2. The Chief Engineer, Agricultural Engineering Department, No.487, Anna Salai, Nandanam, Chennai-35. +1cc to Special Government Pleader, SR.No.37582 ssl GH : 23.11.2011 : 2p/4c W.P(MD)No.12381 of 2011 01.11.2011 https://hcservices.ecourts.gov.in/hcservices/