1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10859 of 2011 S.Natarajan : Petitioner Vs. 1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department,Secretariat, Chennai-600 009. 2.The Commissioner of Agriculture, Chepauk,Chennai-600 005. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the first respondent to dispose off the disciplinary action initiated in the Commissioner of Agriculture memo No.OS.CCA-2/262614/97, dated 05.02.2001, within a specified time frame. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.S.Chandrasekar Government Advocate ORDER An Agricultural Officer, departmentally proceeded with a charge memorandum in Memo No.OS.CCA-2/262614/97, dated 05.02.2001, for an alleged delinquency that took place in March, 1987, has submitted his explanation on 06.02.2002. The enquiry officer has sent his report to the Commissioner of Agriculture on 20.08.2003. Further representation, on the findings, has been submitted on 29.11.2004. The charge against the petitioner is that he connived with the former Assistant Director of Agriculture (Oil Seeds), Sivagangai and other officials and facilitated them to misappropriate a sum of Rs.79,897/-. No criminal case has been registered against the petitioner. It is the grievance of the petitioner that though the enquiry report has been submitted way back in the year 2003, for the past seven years, no orders have been passed so far. 2. During the course of arguments, Mr.S.Visvalingam, learned counsel for the petitioner submitted that the charges against other officials have also not been disposed of so far. He further submitted that separate enquiries were conducted in respect of the other officials and enquiry reports were also submitted. The grievance of the petitioner is that the pendency of the disciplinary proceedings for nearly ten years has caused considerable agony and hardship and he has also not been considered for promotion to higher posts. In such circumstances, the petitioner has sought for a Mandamus, directing the Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai-600 009, the first respondent herein to dispose of the disciplinary action taken in the Commissioner of Agriculture Memo No.OS.CCA-2/262614/97, dated 05.02.2001, within a time frame. 3. Considering the limited request, Mr.S.Chandrasekar, learned Government Advocate, was put on notice and heard. He submitted that the https://hcservices.ecourts.gov.in/hcservices/ 2 disciplinary proceedings would be completed and prayed to grant sufficient time. 4. Pleadings disclose that for an allegation of the year 1987, alleging connivance with the former Assistant Director of Agriculture (Oil Seeds), Sivagangai and other officials and for facilitating them to misappropriate a sum of Rs.79,897/-, disciplinary proceedings have been initiated after 14 years. The enquiry report has been submitted on 20.08.2003. Further representation of the petitioner has been made on 29.11.2004. As rightly contended by the learned counsel for the petitioner, keeping a disciplinary proceeding pending for a long period, would certainly affect the progress of any Government servant, to higher posts and that it would also cause agony. Damocles sword cannot be kept hanging, until he attains the age of superannuation. A duty is cast on the disciplinary authority to pass orders on the disciplinary proceedings one way or the other, by considering as to whether the facts have been established, whether procedure contemplated under the Tamil Nadu Civil Services (Discipline and Appeal) Rules has been followed, whether principles of natural justice have been adhered to and the disciplinary authority is also bound to consider the defence put up by the charged official, on the adverse findings, if any, recorded. 5. In such view of the matter, this Court is of the view that in the absence of any criminal case being registered, there may not be any impediment in passing final orders on the disciplinary proceedings. 6. In view of the above, there shall be a direction to the Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai-600 009, the first respondent herein to pass orders on the disciplinary proceedings in OS.CCA-2/262614/97, dated 05.02.2001, within a period of three months from the date of receipt of a copy of this order. If any consultation is required from the Commission or any other competent authority, the same shall be made as expeditiously as possible. However, it is made clear that if, for any bona fide reasons, the disciplinary authority is not in a position to pass orders on the disciplinary proceedings stated supra, that would not clothe any right to the petitioner to claim that the disciplinary proceedings stand completed or lapsed. 7. With the above directions, the Writ Petition is disposed of. No costs. Sd/- Deputy Registrar(Writs) /TRUE COPY/ Assistant Registrar To 1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department,Secretariat,Chennai-600 009. 2.The Commissioner of Agriculture,Chepauk,Chennai-600 005. +1cc to Special Govt.Pleader SR.No.33150 Order made in W.P.(MD).No.10859 of 2011 Dated:- 23.09.2011 SML PA/27.09.2011/2P/4C(IT) https://hcservices.ecourts.gov.in/hcservices/