1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12092 of 2011 N.Manoharan, Village Administrative Officer, Devaram Village, Uthamapalayam, Theni District. : Petitioner Vs. 1. The Commissioner, Tribunal for Disciplinary Proceedings, No.5/1B, Vinayaga Nagar, Madurai. 2. The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to conclude the disciplinary proceeding initiated in pursuance of the charge memo issued by the first respondent in his proceeding in ROC. No.A1/300/2009 (TDP.23/2009) dated 30.11.2009, and consequently to direct the respondents to pass final orders within the period that may be stipulated by this Hon'ble Court. For Petitioner : M/s.M.Ajmal Khan For Respondents : Mr.T.R.Janarthanan Additional Government Pleader ORDER This writ petition has been filed by N.Manoharan for the issuance of a Writ of Mandamus directing the first respondent/the The Commissioner, Tribunal for Disciplinary Proceedings, Madurai, to conclude the disciplinary proceeding initiated in pursuance of the charge memo issued by the first respondent in his proceeding in ROC. No.A1/300/2009 (TDP.23/2009) dated 30.11.2009, and consequently to direct the respondents to pass final orders within a stipulated period. 2. Heard Mr.M.Ajmal Khan, learned counsel appearing for the petitioner and Mr.T.R.Janarthanan, learned Additional Government Pleader for the respondents. 3. By consent of both sides, the writ petition itself is taken up for final hearing. 4. The grievance of the petitioner is that though the charge memo dated 30.11.2009 was issued in respect of alleged occurrence took place during the period 2006-2007 for the allegation of receiving bribe of a https://hcservices.ecourts.gov.in/hcservices/ 2 sum of Rs.200/- from one T.Silendran on 23.07.2007 for recommending to issue the Community Certificate and another charge that he demanded and received a sum of Rs.500/- as bribe from one Tmt.Petchiammal for issuance of tokens to get free colour television, the petitioner has submitted his explanation and thereafter, not satisfied with the explanation given by the petitioner, the first respondent called up the petitioner to appear for enquiry on 21.04.2010. Accordingly, the petitioner also appeared on the said date along with an Advocate engaged to defend his case. Since the date of retirement is fast approaching on 10.11.2011, if the disciplinary proceedings is not completed before that dated, he would not be in a position to retire from service. Therefore, he has come to this court with the above prayer. 5. The learned Additional Government Pleader appearing for the respondents submits that if the petitioner fully cooperates with the first respondent for completion of the enquiry, the first respondent would be in a position to complete the enquiry at an early date and pass final orders in accordance with law. 6. Considering the fact that the petitioner was issued the charge memo on 30.11.2009 and thereafter, he submitted his explanation and he has also engaged a counsel to defend his case, since no further progress have taken place, he has filed a petition for advance hearing on 16.08.2010 before the first respondent with a request to permit him to examine the witness and to dispose of the same at the earliest as he is going to retire on 10.11.2011, hence this Court directs the first respondent to proceed further expeditiously and complete the entire exercise within a period of five months from the date of receipt of a copy of this order. With the above direction this writ petition is disposed of. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Commissioner, Tribunal for Disciplinary Proceedings, No.5/1B, Vinayaga Nagar, Madurai. 2. The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District. + 1 cc to Mr.M.Ajmal Khan, Advocate, SR No.36501 W.P.(MD).No.12092 of 2011 20.10.2011 srm RJ/16.11.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/