Madras High Court
R.Gopal vs The State Of Tamil Nadu on 20 June, 2022
W.P.No.11900 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.11900 of 2022
R.Gopal ... Petitioner
vs.
1. The State of Tamil Nadu
rep.by its Secretary to Government,
Personnel and Administrative Reforms Department,
Now re designated as Human Resources Management
Department,
Secretariat,
Chennai – 600 009.
2. The Secretary to Government,
Labour and Employment Department,
Now re designated as Labour Welfare and Skilled
Development Department,
Secretariat,
Chennai – 600 009. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, directing the 1st respondent to
conclude the disciplinary proceedings issued in Letter No.29054/Q/2008-26, P
& AR (Q) Department, dated 27.06.2012 and pass final order on the same
within the stipulated time.
1/8
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W.P.No.11900 of 2022
For Petitioner : Mr.A.R.Suresh
For Respondents : Mr.T.Arunkumar
Additional Government Pleader
ORDER
This Writ Petition has been filed seeking to issue a Writ of Mandamus,
directing the 1st respondent to conclude the disciplinary proceedings issued in
Letter No.29054/Q/2008-26, P and AR (Q) Department, dated 27.06.2012 and
pass final order on the same within the stipulated time.
2. According to the petitioner, the petitioner was appointed as Junior
Assistant (now re-designated as Assistant) on 10.06.1976 in the
respondents/Department. Thereafter, he was promoted as Assistant Section
Officer in the year 1978 and further, he was promoted as Section Officer in the
year 1994. Thereafter, he was promoted as Under Secretary to Government in
the year 2006. While, he was working as Under Secretary, he was placed
under suspension by the 1st respondent in G.O.(3D).No.15, Personnel and
Administrative Reforms (Q) Department, dated 27.06.2008 and the petitioner
was not permitted to retire from service by the 1st respondent in
G.O.(3D).No.19, Personnel and Administrative Reforms (Q) Department,
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W.P.No.11900 of 2022
dated 30.06.2008. Thereafter, the 1st respondent has served Charge Memo
vide Letter No.29054/Q/2008-26, dated 27.06.2012 under Rule 17(b) of the
Tamil Nadu Civil Services (Discipline and Appeal) Rules as against the
petitioner.
3. According to the petitioner, the Inspector of Police, Special
Investigation Cell, Vigilance and Anti Corruption Department, Chennai, has
lodged a criminal case against the petitioner and the same has been taken on
file in C.C.No.3 of 2013 on the file of the Special Court for the Cases Under
Prevention of Corruption Act at Chennai. By the judgment dated 24.10.2016,
the petitioner was acquitted from the aforesaid criminal case.
4. Aggrieved by the same, the Vigilance and Anti Corruption
Department has preferred an appeal in Crl.A.No.405 of 2017 and the said
appeal is pending before this Court. Therefore, the 1st respondent has not
chosen to pass final orders in the disciplinary proceedings pending against the
petitioner. Therefore, he has filed the instant writ petition before this Court.
5. The learned Additional Government Pleader appearing for the
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W.P.No.11900 of 2022
respondents submitted that the charge memo was served on the petitioner on
27.06.2012 and the disciplinary proceedings proceeded as against the
petitioner and the said enquiry proceedings has been concluded and no final
orders has been passed for the reason that the aforesaid Criminal Appeal is
pending before this Court. Therefore, 1st respondent awaiting for the outcome
of the judgment in the said appeal, without passing any final orders.
6. It is an admitted fact that the 1st respondent/Department has initiated
disciplinary proceedings as against the petitioner for the irregularities
committed in the allotment of residential plots under OkkiyamThoraipakkam
Housing Scheme. Thereafter, an Enquiry Officer has been appointed to
enquire the said disciplinary proceedings. Thereafter, petitioner has submitted
detailed explanation for the aforesaid charges and the Enquiry Officer has
concluded the said proceedings by holding that the said charges are not proved
as against the petitioner.
7. The Disciplinary Authority has disagreed with the said report of the
Enquiry Officer and served a Show Cause Notice to the petitioner and the
petitioner has submitted detailed explanation for the aforesaid show cause
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W.P.No.11900 of 2022
notice. But no final orders has been passed.
8. The learned Additional Government Pleader appearing for the
respondents submitted that in view of aforesaid criminal appeal is pending
before this Court, the 1st respondent has not chosen to pass final orders on the
pending disciplinary proceedings against the petitioner and 1st respondent is
awaiting for the outcome of the judgment in the said criminal appeal.
9. The said stand taken by the 1st respondents cannot be accepted for the
reason that the charges levelled against the petitioner before the Criminal
Court was set aside and the petitioner was acquitted by the Special Court for
the Cases Under Prevention of Corruption Act at Chennai, by the judgment
dated 24.10.2016. Simultaneously, the independent proceedings has been
initiated by the 1st respondent as against the petitioner and enquiry report has
been submitted and the 1st respondent has disagreed with the said enquiry
report. Therefore, the 1st respondent served a show cause notice to the
petitioner. Thereafter, the petitioner has submitted detailed explanation to the
said show cause notice. However, the 1st respondent kept pending the
disciplinary proceedings, without any final order has been passed. The 1st
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W.P.No.11900 of 2022
respondent still awaiting for the final judgment passed in Criminal Appeal by
this Court.
10. Therefore, this Court is of the view that the petitioner has already
attained the age of superannuation and the occurrence is of the year 2008 and
already the same has been lapsed for more than 14 years. Therefore, it is not
proper for the 1st respondent to keep the said proceedings pending for passing
final orders.
11. In view of the above, this Court is inclined to direct the 1st
respondent to conclude the aforesaid disciplinary proceedings pending against
the petitioner and to pass final orders on merits and in accordance with law, as
early as possible, within a period of twelve weeks from the date of receipt of a
copy of this order. It is made clear that if any order passed by the 1st
respondent in the departmental proceedings is an independent one, besides the
judgment passed in the criminal appeal.
12. With the above direction and observation, the writ petition stands
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W.P.No.11900 of 2022
disposed of. No costs.
20.06.2022
Index : Yes / No
Speaking Order : Yes / No
dm
To
1. The Secretary to Government,
The State of Tamil Nadu
Personnel and Administrative Reforms Department,
Now re designated as Human Resources
Management Department,
Secretariat,
Chennai – 600 009.
2. The Secretary to Government,
Labour and Employment Department,
Now re designated as Labour Welfare and Skilled
Development Department,
Secretariat,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
W.P.No.11900 of 2022
D.KRISHNAKUMAR. J
dm
W.P.No.11900 of 2022
20.06.2022
https://www.mhc.tn.gov.in/judis
