Madras High Court
B.Nagasubramanian vs Tamil Nadu Food Safety And Drug ... on 12 July, 2023
W.A.(MD)No.920 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.920 of 2023
B.Nagasubramanian ... Appellant
Vs.
1.Tamil Nadu Food Safety and Drug Administration Department,
Rep. by Commissioner of Food Safety,
359, Anna Salai,
Chennai – 600 006.
2.The Designated Officer,
Food Safety and Drug Administration Department,
Collectorate Campus, Korampallam,
Tuticorin – 628 101, Tuticorin District.
3.The Designated Officer,
Food Safety and Drug Administration Department,
Dean Quarters, Tirunelveli Medical College Campus,
Palayankottai – 627 002, Tirunelveli District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent, to set
aside the order passed by this Court in W.P.(MD)No.8395 of 2023, dated
13.04.2023.
1/6
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W.A.(MD)No.920 of 2023
For Appellant : Mr.R.Nagasubramanian
Party-in-person
For Respondents : Mr.T.Villavankothai
Additional Government Pleader
***
JUDGMENT
(Judgment of the Court was delivered by D.BHARATHA
CHAKRAVARTHY, J.)
This Writ Appeal is directed against the order of the learned
Single Judge dated 13.04.2023 in W.P.(MD) No.8395 of 2023.
2. In the said Writ Petition, the appellant has prayed for
quashing of the charge memorandum issued against him. The ground on
which the charge memorandum has been challenged is that, when the
petitioner came up before this Court on an earlier occasion by order dated
17.11.2021 in W.P.(MD) No.5724 of 2021, this Court has directed
completion of the enquiry within a period of six months from the date of
receipt of a copy of the order.
3. The appellant, appearing in person, would submit
that as per the said order of this Court and also as per the service rules
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W.A.(MD)No.920 of 2023
and as per the judgment of the Hon'ble Supreme Court of India, the
disciplinary proceedings should be completed as expeditiously as
possible, in any event not later than six months. In any event it cannot be
prolonged beyond an year. Since the enquiry has been prolonged even
after the directions of this Court, the charges should be treated as abated
and the proceedings should be closed and the learned Judge ought not to
have dismissed the Writ Petition.
4. Per contra, the learned Additional Government
Pleader would submit that initially there was delay on the part of the
appellant himself in submitting the explanation to the charges. He has
submitted his explanation to the charge memorandum only after the
direction of the learned Judge to complete the enquiry. After he has
submitted his explanation, now an enquiry officer is appointed and if he
cooperates, expeditiously the enquiry will be held on day to day basis
and in any event the proceedings will be completed within 60 days from
today.
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W.A.(MD)No.920 of 2023
5. We have considered the rival submissions made on
either side and perused the records of the case.
6. The rules relating to the completion of the
disciplinary enquiry at an early date is at best a directive in the interest of
the administration to complete the enquiry expeditiously and that will not
give a concomitant right to the delinquent employee to pray for
quashment of the charges if enquiry could not be completed within the
said period.
7. In that view of the matter, we are unable to agree
with the contentions of the appellant before us. Secondly, appellant
would submit that he is due to retire in another 11 months and undue
prolongation of the charges would cause harassment and also would
come in the way of him being retired upon attaining age of
superannuation.
8. In that view of the matter, taking into consideration
the submission made by the learned Additional Government Pleader, we
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W.A.(MD)No.920 of 2023
dispose of the Writ Appeal with the following orders:-
(i) The order dated 13.04.2023 in W.P.(MD) No.8395 of 2023
shall stand confirmed.
(ii) However, there shall be a direction to the respondents to
expedite the disciplinary enquiry and complete the proceedings as
expeditiously as possible, in any event not later than a period of 2 months
from the date of receipt of a copy of the order.
(iii) It is needless to mention that both sides shall
cooperate for conduct of the enquiry and expeditious closure of the
matter.
(iv) The appellant will be entitled to raise all the defences
during the enquiry.
No costs.
[S.S.S.R., J.] [D.B.C., J.]
12.07.2023
NCC : Yes / No
Index : Yes / No
sj
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.920 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sj
W.A.(MD) No.920 of 2023
12.07.2023
https://www.mhc.tn.gov.in/judis
