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G.Sam Robust v. The State of Tamil Nadu

Madras HC19 Mar 2025WP(MD)/7530/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; W.P.(MD)No.7530 of 2025; decided 19.03.2025 by Battu Devanand, J.; writ of mandamus under Article 226 to conclude pending departmental/disciplinary enquiry; Charge Memo Na.Ka.No.5045/O.Na.2/2021 dated 10.11.2023 by Director, Local Fund Audit; show cause notice dated 06.06.2023 (also referenced as 16.06.2023); Local Fund Audit Department; disposed at admission stage without merits; enquiry to be concluded preferably within three months; no costs.

What did the court decide?

Direction to the second respondent to conclude the disciplinary proceedings pending against the petitioner pursuant to the show cause notice dated 16.06.2023 as expeditiously as possible, preferably within three months from receipt of a copy of the order; no costs. ¶31

G.Sam Robust Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the fourth respondent/Inquiry Officer (and the second respondent) to conclude the disciplinary enquiry proceedings arising from the Charge Memo dated 10.11.2023 / show cause notice dated 06.06.2023 (referred to elsewhere as 16.06.2023).

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Court's answer

It is appropriate and reasonable to dispose of the writ petition at the admission stage, with the consent of both sides and without going into the merits, with a direction to the second respondent to conclude the enquiry as expeditiously as possible to meet the ends of justice.

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Ratio / Principle

The writ petition is disposed of with a direction to the second respondent to conclude the disciplinary proceedings pending against the petitioner pursuant to the show cause notice dated 16.06.2023 as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of the order; no costs.

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Detailed headnote1 paragraphs

Mandamus – conclusion of disciplinary enquiry within time-bound frame. Writ petition under Article 226 seeking a direction to the Inquiry Officer/second respondent to conclude the enquiry pursuant to a Charge Memo dated 10.11.2023 (Na.Ka.No.5045/O.Na.2/2021) issued following a show cause notice, which had remained unconcluded. Held: disposing of the petition at the admission stage with the consent of both sides and without going into the merits, the second respondent was directed to conclude the disciplinary proceedings pursuant to the show cause notice dated 16.06.2023 as expeditiously as possible, preferably within three months from receipt of a copy of the order. No costs. (Battu Devanand, J.)

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W.P.(MD)No.7530 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE BATTU DEVANAND

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W.P.(MD)No.7530 of 2025

G.Ram Robust

... Petitioner

Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Finance Department, Secretariat,

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Chennai - 600 009.

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2.The Director General of Audit Office of the Local Fund Audit, Chennai - 600 035.

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3.The Joint Director, Local Fund Audit Department, Integrated Building of Finance Department, 4th Floor, Amma Complex, Nandhavanam,

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Chennai - 600 035.

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4.The Inquiry Officer/Assistant Director, State Government Audit Department, Tirunelveli District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the fourth respondent Assistant Director / Inquiry Officer to conclude the inquiry proceedings in connection

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.7530 of 2025

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with the Charge Memo issued against the petitioner vide proceedings of the second respondent Director in Na.Ka.No.5045/O.Na.2/2021 dated 10.11.2023 within a time as may be stipulated by this Court.

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For Petitioner : Mr.P.Muthuvel

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For Respondents : Mr.S.Saji Bino Special Government Pleader

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O R D E R

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This Writ Petition has been filed seeking a writ of mandamus directing the fourth respondent to conclude the enquiry proceedings in connection with the Charge Memo issued against the petitioner vide proceedings of the second respondent, dated 10.11.2023

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The grievance of the petitioner is that the enquiry initiated against the petitioner pursuant to the show cause notice, dated 06.06.2023 is not concluded yet. Seeking a direction to the second respondent to conclude the enquiry, he filed this writ petition.

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Considering the facts and circumstances of the case, it appears that the enquiry initiated pursuant to the show cause notice, dated 16.06.2023 is pending with the second respondent, in the considered opinion of this Court, it is

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.7530 of 2025

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appropriate and reasonable to dispose of this writ petition at the admission stage with the consent of both sides without going into the merits of the case with a direction to the second respondent to conclude the enquiry as expeditiously as possible to meet the ends of justice.

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4. Accordingly, this writ petition is disposed of with a direction to the second respondent to conclude the disciplinary proceedings pending against the petitioner pursuant to the show cause notice dated 16.06.2023 as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order.

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No costs.

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19.03.2025

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NCC:yes/no Index:yes/no Internet:yes/no Sn

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W.P.(MD)No.7530 of 2025

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