Allowed

R. Gandhi, S/O.a.M.Ramiah, v. the Secretary to Government

Madras HC8 Sept 2011WP(MD)/10213/2011

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court held that a Panchayat Union Commissioner suspended at retirement must be allowed final disposal of disciplinary proceedings. It directed the Secretary to Government to pass orders on merits within two months of receiving the order.

What did the court decide?

Directed the first respondent to pass orders on disciplinary charges within two months; second respondent to send necessary particulars.

R. Gandhi, S/O.a.M.Ramiah, Vs the Secretary… — Pension and Retirement Benefits | Madras HC (2011)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.09.2011 CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10213 of 2011

R.Gandhi

... Petitioner

-Vs-

1.The Secretary to Government,

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Rural Development and Panchayat

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Raj Department, Chief Secretariat,

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Chennai - 600 009.

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2.The District Collector,

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Ramanathapuram District, Ramanathapuram. ... Respondents

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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.

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For petitioner : Mr.S.Visvalingam

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For respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

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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.

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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.

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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.

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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 https://hcservices.ecourts.gov.in/hcservices/ 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

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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.

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5.With the above direction, the writ petition is disposed of. No costs.

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Sd/-

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Assistant Registrar (Crl.side)

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/True copy/

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Sub Assistant Registrar

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1.The Secretary to Government,

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Rural Development and Panchayat Raj Department, Chief Secretariat,

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Chennai - 600 009.

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2.The District Collector, Ramanathapuram District, Ramanathapuram.

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+1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.30936

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Gcg

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SR : 14.09.2011 : 2p/4c : IT

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W.P.(MD).No.10213 of 2011

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08.09.2011

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https://hcservices.ecourts.gov.in/hcservices/

R. Gandhi, S/O.a.M.Ramiah, v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

R. Gandhi, S/O.a.M.Ramiah, v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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