1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.1410 of 2011 M.R.Janarthanan : Petitioner Vs. 1.The Special Commissioner and Secretary to Government, Animal Husbandry, Dairying and Fisheries (FS-II) Department, Secretariat, Chennai-600 009. 2.The Deputy Director of Fisheries (Marine), Office of the Commissioner of Fisheries, Tenampettai, Chennai-600 006. [R-2 impleaded as per the order of this Court dated 18.03.2011 made in M.P.(MD)No.2 of 2011] : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to complete the enquiry and dispose off the disciplinary action by passing final orders on the charge memo initiated in the first respondent's letter No.20234/FS-2/06/5, dated 02.07.2007 on merits within a specified time that may be fixed by this Court. [Prayer amended as per the order of this Court dated 11.03.2011 made in M.P.(MD)No.1 of 2011] For Petitioner : Mr.S.Visvalingam For Respondents : Mr.N.Elango Government Advocate ****** O R D E R ******* I have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 2. The petitioner has filed the present Writ Petition for a Mandamus, directing the respondents to complete the enquiry and dispose of the disciplinary action by passing final orders on the charge memo initiated, in pursuant to the letter of the first respondent dated 02.07.2007 on merits, within a time specified by this Court. 3. The petitioner was selected through TNPSC and posted as Stenographer in the Co-operative Department and joined duty on 23.04.1987 https://hcservices.ecourts.gov.in/hcservices/ 2 in the office of the Deputy Registrar (Public Distribution System), Ramanathapuram. Later, he was promoted as Junior Inspector and joined duty on 10.01.1996 in the office of the Co-operative Audit Office, Ramanathapuram. Further, he was promoted as Senior Inspector and joined duty on 22.08.2002 in the office of the Assistant Director of Fisheries, Ramanathapuram. Presently, he is serving as Senior Inspector in the office of the Deputy Registrar (PDS), Ramanathapuram. 4. While so, charges were framed against him under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, by proceedings dated 02.07.2007 of the first respondent. He offered his explanation on 29.12.2008. An Enquiry Officer was appointed and the Enquiry Officer conducted enquiry from 27.05.2010. However, he has not sent any report to the Government. Thus, the disciplinary proceeding initiated against the petitioner has been kept in cold storage without any progress. In view of the said fact, the petitioner could not get promotion. Therefore, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 5. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the Enquiry Officer, who has conducted the enquiry against the petitioner, to complete the enquiry and submit a report to the second respondent, within a period of one month from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to forward the same to the first respondent, within a period of 15 days thereafter. On receipt of the same, the first respondent is directed to consider and pass final orders, within a period of two months thereafter. 6. The Writ Petition stands ordered as indicated above. No costs. SD/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Special Commissioner and Secretary to Government, Animal Husbandry, Dairying and Fisheries (FS-II) Department, Secretariat, Chennai-600 009. 2.The Deputy Director of Fisheries (Marine), Office of the Commissioner of Fisheries, Tenampettai, Chennai-600 006. +1 CC TO MR. S. VISVALINGAM, ADVOCATE S.R NO. 7048 +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 7216 Order made in W.P.(MD).No.1410 of 2011 Dated:- 18.03.2011 SML PAM 30.03.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/