Citation : 2022 Latest Caselaw 5785 AP
Judgement Date : 29 August, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.24174 OF 2022
ORDER:
This Writ Petition is filed under Article 226 of the Constitution
of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in not concluding the disciplinary proceedings initiated against the petitioner vide charge memo Roc.No.12679/2015/C1, dated 16.03.2016 as highly illegal, arbitrary, unjust, improper, contrary to the orders of this Hon'ble Court and violation of Article 14, 16 and 21 of the Constitution of India and apart from violation of instructions issued in G.O.Ms.No.679, GA (Ser.C) Department, dated 01.11.2008 and consequently direct the respondents to conclude the departmental proceedings in terms of the G.O.Ms.No. 679 GA (Ser.C) Department, dated 01.11.2008 and pass such other orders...."
The only grievance of this petitioner before this Court is that
an enquiry was initiated and an Enquiry Officer was appointed,
notice was served to this petitioner and charges were framed. But,
the proceedings are not terminated till date, though seven years
have been elapsed which is contrary to G.O.Ms.No.679 General
Administration (Services-C) Department dated 01.11.2008 and
judgment of the Apex Court reported in P.V. Mahadevan v. M.D.
Tamil Nadu Housing Board1 and requested to
issue a direction as stated above.
Fairly, learned Government Pleader for Services-IV requested
to issue appropriate direction to the Enquiry Officer to complete
the enquiry as expeditiously as possible.
In view of the request made by learned counsel for the
petitioner and learned Government Pleader for Services-IV, by
(2005) 6 Supreme Court Cases 636
applying the principle laid down in the judgment of the Apex Court
reported in P.V. Mahadevan v. M.D. Tamil Nadu Housing Board
(referred supra) and G.O.Ms.No.679 General Administration
(Services-C) Department dated 01.11.2008, concerned
authority/ respondents are directed to complete the enquiry
within six (06) weeks from the date of receipt of copy of this order.
With the above direction, writ petition is disposed of. No
costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________ DR.K. MANMADHA RAO, J
Date: 29.08.2022
KK
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.24174 OF 2022
Date: 29.08.2022
KK
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