Kalaiselvi vs The Director
2022 Latest Caselaw 6983 Mad

                                                                              W.P.No.28529 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 04.04.2022

                                                     CORAM:

                                  THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

                                               W.P.No. 28529 of 2021


                  Kalaiselvi                                                    ..Petitioner
                                                        Vs.

                  1.The Director,
                  Directorate of Public Health and
                    Preventive Medicine Department
                  No. 359, Anna Salai,
                  Chennai-600006.

                  2.The Deputy Director,
                  Medical and Rural Health Services and
                    Family Welfare Department,
                  Thiruvallur,
                  Thiruvallur District.                                    .. Respondents

                  Prayer: Writ petition filed under Article 226 of the Constitution of India
                  praying for issuance of a Writ of Mandamus, directing the respondents 1 &2
                  to complete the departmental enquiry in Proceedings No. 3711/E4/2008,
                  dated 08.03.2018 immediately by fixing a time frame and pass such further or
                  orders.

                                   For Petitioners   : Mr.R.Sreerangan
                                   For Respondents   : Mr.V.Manoharan, AGP



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https://www.mhc.tn.gov.in/judis
                                                                                    W.P.No.28529 of 2021

                                                        ORDER

The prayer sought for in the writ petition is to direct the respondents 1

&2 to complete the departmental enquiry in Proceedings No. 3711/E4/2008,

dated 08.03.2018 immediately by fixing a time frame and pass such further or

orders.

2. Heard both sides and perused the materials available on record.

3. According to the learned counsel for the petitioner, the petitioner

while working as Village Health Nurse, based on a compliant made by one

Ansar Bhasha, the petitioner was arrested on 25.09.2008 for the offences

under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act 1988. The

aforesaid case was taken up on file in Spl.C.C.No.5 of 2019 before the

Special Court, Tiruvallur and after trial, the aforesaid case was ended in

acquittal by judgment dated 06.08.2016. During pendency of the said

criminal case, charges were framed by the department under 17(b) of Tamil

Nadu Civil Services (Discipline & Appeal Rules) and initiated departmental

enquiry vide G.O Proceedings No. 3711/E4/2008, dated 08.03.2018. The

said enquiry was concluded by examining witnesses and marking documents

except the investigation officer, therefore the said proceedings are kept

https://www.mhc.tn.gov.in/judis W.P.No.28529 of 2021

pending from the year 2018 onwards. Hence the present writ petition.

4. The learned Additional Government Pleader appearing for

respondents has submitted that the said proceedings will be concluded by the

2nd respondent, within a time frame as fixed by this Court.

5. In view of the submissions made by the learned counsel appearing

for the respective parties and considering the limited scope of prayer sought

for by the petitioner, it would be appropriate for this Court to issue directions

to the respondent to conclude the departmental proceedings within a

stipulated time.

6. Accordingly, the 2nd respondent is directed to conclude the

departmental proceedings initiated against the petitioner on its own merits

and in accordance with law, as expeditiously as possible within a period of

twelve weeks from the date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis W.P.No.28529 of 2021

D.KRISHNAKUMAR. J

ak

7. With the above directions, the writ petition stands disposed of. No

costs.

                                                                                    04.04.2022


                  Index           : Yes / No
                  Internet        : Yes /No
                  ak


                  To
                  1.The Director,
                  Directorate of Public Health and
                    Preventive Medicine Department
                  No. 359, Anna Salai,
                  Chennai-600006.

                  2.The Deputy Director,

Medical and Rural Health Services and Family Welfare Department, Thiruvallur, Thiruvallur District.

W.P.No. 28529 of 2021

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