1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9222 of 2011 S.Basha : Petitioner Vs. 1.The Secretary to Government, Municipal Administration and Water Supply Department, Chief Secretariat, Chennai 600 009. 2.The Director of Municipal Administration, 6th Floor, Ezhiligam, 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 and second respondents to dispose of the disciplinary action initiated against the petitioner by the Commissioner of Melur Municipality and report sent in his R.C.No.835/06/C-1, dated 31.12.2007 which is pending with the Government. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.B.Pugalenthi Special Government Pleader ORDER ****** Seeking for a Writ of Mandamus, directing the Secretary to Government, Municipal Administration and Water Supply Department, Chief Secretariat, Chennai, the first respondent herein and the Director of Municipal Administration, 6th Floor, Ezhilagam, Chepauk, Chennai, the second respondent herein, to dispose of the disciplinary proceedings initiated against the petitioner by the Commissioner of Melur Municipality and report sent in R.C.No.835/06/C-1, dated 31.12.2007, the petitioner has come forward with the present Writ Petition. It is his further case that though a representation dated 27.05.2011 was submitted to the Government, no orders have been passed so far. 2. It is the case of the petitioner that he was recruited through District Employment Exchange, Madurai District and posted as Bill Collector in Naikarapatti Panchayat, Palani Taluk and subsequently, he was promoted as Junior Assistant and https://hcservices.ecourts.gov.in/hcservices/ 2 continued in the same post till the date of his superannuation i.e., on 30.04.2006. Thereafter, he was allowed to retire with three conditions by proceedings dated 28.04.2006 of the Commissioner of Melur Municipality. While so, by proceedings dated 15.04.2008, the Additional Director of Municipal Administration, Chennai, sanctioned provisional pension of Rs.4,455/- and the petitioner has been receiving the provisional pension alone till date. The other retirement benefits have not yet been paid and in spite of representation dated 27.05.2011 to drop further action on the disciplinary proceedings initiated against the petitioner, no final orders have been passed. Therefore, the petitioner has come forward with the present Writ Petition for the reliefs stated supra. 3. Considering the grievance of the petitioner, Mr.B.Pugalendhi, learned Special Government Pleader, was put on notice on facts. He submitted that appropriate orders would be passed on the disciplinary proceedings and prayed for sufficient time. 4. Heard the learned counsel for the parties and perused the materials available on record. 5. Pleadings disclose that on 21.04.2006, charge memo has been issued against the petitioner on the ground that he has not taken action to collect the balance amount due to the Municipality under the head of daily market rent, bus stand toilet rent, municipal bus stand shop rent, etc., for which, an explanation has also been submitted on 05.05.2006. Pursuant to the same, another show cause notice has been issued to the petitioner on 18.12.2006 stating that his explanation was not acceptable and directed the petitioner to submit further explanation, within one week. Therefore, he submitted his further explanation on 26.12.2006. Thereafter, the Commissioner of Madurai Municipality has sent a report to the Government through the Commissioner of Municipal Administration, Chennai, in letter No.835/06/C-1, dated 31.12.2007 for passing final orders on the disciplinary proceedings initiated against him. 6. On the abovesaid facts, this Court is of the view that passing orders on the disciplinary proceedings should not be delayed, except for compelling reasons. Accordingly, a direction is issued to the Secretary to Government, Municipal Administration and Water Supply Department, Chief Secretariat, Chennai, the first respondent herein, to pass orders on the disciplinary proceedings, within a period of six weeks from the date of receipt of a copy of this order. The second respondent is directed to forward all necessary particulars to the first respondent so as to enable him to pass orders, within the stipulated time. It is made clear that if no orders are passed, within the stipulated time, that would not clothe any right to the petitioner to claim any deemed completion of the disciplinary proceedings. The first respondent is further directed to pass orders, within the stipulated period, in order to avoid further litigation. https://hcservices.ecourts.gov.in/hcservices/ 3 7. The Writ Petition stands disposed of in the above terms. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Chief Secretariat, Chennai 600 009. 2.The Director of Municipal Administration, 6th Floor, Ezhiligam, Chepauk, Chennai 600 005. +One cC to The Spl. Govt. Pleader, SR.No.28007 SML rl/4c – 29.8.2011 Order made in W.P.(MD).No.9222 of 2011 Dated:- 17.08.2011 https://hcservices.ecourts.gov.in/hcservices/