1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10213 of 2011 R.Gandhi ... Petitioner -Vs- 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Chief Secretariat, Chennai - 600 009. 2.The District Collector, Ramanathapuram District, Ramanathapuram. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent to dispose of the disciplinary action initiated in Government letter No.13656/2004-14, dated 29.05.2006 on merits and in accordance with law, within a stipulated time. For petitioner : Mr.S.Visvalingam For respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader O R D E R Seeking for a direction to the first respondent to dispose of the disciplinary proceeding initiated in letter No.13656/2004-14, dated 29.05.2006 on merits, a Panchayat Union Commissioner, who had attained the age of superannuation on 31.05.2011 and suspended at the verge of his retirement, has filed the present writ petition. 2.According to the petitioner, a charge memorandum was issued in Letter No.13656/2004-14, dated 29.05.2006, for which, he submitted his explanation on 15.06.2006. The enquiry officer has submitted his report on 15.11.2007. According to him, a duty is cast on the respondents to pass orders immediately, after submission of the enquiry report. 3.Considering the above said facts and circumstances, Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader was put on notice and heard. He submitted that as the matter involves consideration, with reference to serious charges, the Court may grant sufficient months time. The submission of the learned counsel for the State is placed on record. 4.In view of the above submission and on the facts of this case, there shall be a direction to the Secretary to Government, Rural Development and Panchayat Raj Department, Chennai, the first respondent herein, to pass orders on the disciplinary proceedings initiated against the petitioner in letter No.13656/2004-14, dated 29.05.2006, on merits and in accordance with law, within a period of two months from the date https://hcservices.ecourts.gov.in/hcservices/ 2 of receipt of a copy of the order. The District Collector, Ramanathapuram, the second respondent herein is directed to send necessary particulars to the first respondent, so as to enable him to pass orders within the time frame. If for any genuine reason, the first respondent is not able to pass orders within the stipulated time, that would not clothe any right to the petitioner to contend that the disciplinary proceedings are deemed to have been lapsed. 5.With the above direction, the writ petition is disposed of. No costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Chief Secretariat, Chennai - 600 009. 2.The District Collector, Ramanathapuram District, Ramanathapuram. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.30936 Gcg SR : 14.09.2011 : 2p/4c : IT W.P.(MD).No.10213 of 2011 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/