1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.8023 of 2011 R.Bala Subramanian ... Petitioner Vs. 1.The Secretary to Government, Revenue Department, Chief Secretary, Chennai 6 00 009. 2.The District Collector, Tuticorin District, Tuticorin. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents to dispose of the disciplinary action initiated in the second respondent's Memo.A6/55324/2005 dated 30.09.2006 and now pending with the Government on merits within a specified time. For petitioner .. Mr.S.Visvalingam For respondents .. Mr.B.Pugalenthi, Special Government Pleader ORDER The petitioner has sought for a mandamus directing the respondents to dispose of the disciplinary proceedings initiated in memo.A6/55324/2005 dated 30.09.2006 on merits. 2.Pleadings disclose that when the petitioner was working as Special Tahsildar, National Highways, Tuticorin, he was placed under suspension on 27.01.2005 and also ordered to be retained in service under Rule 56(1)(c) of the Fundamental Rules by the District Collector, Tuticorin. Charges were framed in the year 2006, for which an explanation dated 07.02.2007 was also submitted and after enquiry, a report dated 30.05.2008 has been submitted to the District Collector, Tuticorin and for the finding recorded enquiry report, a further explanation was also submitted by the petitioner on 10.09.2008. It is the grievance of the petitioner, though the charges relate to the year 2003, even after the completion of the proceedings, final orders have not been so far in that and on account of the same, the petitioner is not able to get his retiral benefits. 3.Considering the averments and the relief sought for, Mr.B.Pugalenthi, learned Special Government Pleader was put on notice and heard. He submitted that if the disciplinary proceedings are still pending on the file of the Government, appropriate orders would be passed in this regard and prayed for sufficient time. His submission is placed on record. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Heard the learned counsel for the parties and perused the materials available on record. 5.Pleadings disclose that except passing of the orders on the disciplinary proceedings, everything is over. The further explanation on the enquiry report is stated to have been submitted on 10.09.2008. Keeping the petitioner under suspension endlessly, without passing orders on the disciplinary proceedings, would only cause to hardship and agony to a Government servant. Payment of provisional pension for a long time to a Government servant placed under suspension, after the superannuation, subject to the disciplinary proceedings, can also be stopped, if appropriate orders are passed on the disciplinary proceedings, on merits. If order on the disciplinary proceedings are passed immediately and if the Government servant is imposed with a penalty, he would accept the penalty or challenge the same in the manner known to law. Needless to say, the time consumed in litigation. Therefore, it is obligatory and a duty is also cast upon the competent authority, to pass orders as expeditiously as possible. The petitioner is under suspension from 2005 onwards. 6.In view of the above, a direction is issued to the first respondent to pass orders on the disciplinary proceedings in Memo No.A6/55324/2005, dated 30.09.2006, within three months from the date of receipt of a copy of this order. If any consultation is required from the Tamil Nadu Public Service Commission, the same may be obtained as expeditiously as possible having regard to the time fixed by this Court. It is also made clear that if for any bona fide reason orders could not be passed within the above said period, it should not be construed that the disciplinary proceedings are deemed to have been lapsed. 7.With the above directions, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Revenue Department, Chief Secretary, Chennai 6 00 009. 2.The District Collector, Tuticorin District, Tuticorin. +1CC TO SPECIAL GOVERNMENT PLEADER, SR.NO.23923 gcg GH : 02.08.2011 : 2p/4c W.P.(MD) No.8023 of 2011 20.07.2011 https://hcservices.ecourts.gov.in/hcservices/