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In The High Court Of Judicature At ... vs The Government Of Tamil Nadu

Madras High Court|06 February, 2017

JUDGMENT / ORDER

By consent, the writ petition is taken up for final disposal.
2. The petitioner, while working as Associate Professor (Mathematics) in the service of Arignar Anna Government Arts College, Cheyyar, Tiruvannamalai District, visited with disciplinary proceedings in the form of charge memo dated 24.08.2015 under Rule 17(b) of the Tamilnadu Civil Services (Discipline and Appeal) Rules. The petitioner also submitted a written statement of defence and participated in the enquiry and though the enquiry was completed as early as on 20.10.2015, no final orders have been passed in the disciplinary proceedings. The petitioner was permitted to retire from service on 29.02.2016 without prejudice to the outcome of the disciplinary proceedings.
3. Learned counsel for the petitioner would submit that though the enquiry was completed on the disciplinary proceedings as early as on 20.10.2015, no final orders have been passed and in consequence, he is deprived of the retirement and terminal benefits. In this regard, he submitted representations dated 01.04.2016 and 09.08.2016 to the respondents and the first respondent, despite receipt and acknowledgement of the same, no orders have been passed. Hence, he came forward to file this writ petition.
4. Heard the submission of the learned counsel for the petitioner and Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents.
5. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances, without going into the merits of the claim projected by the petitioner, directs the first respondent to consider and dispose of the petitioner's representations dated 01.04.2016 and 19.08.2016 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs.
06.02.2017 Index:Yes/No Internet: Yes/No vsi Note: Issue order copy on or before 13.02.2017 To
1. The Principal Secretary to Government,Higher Education Department, Secretariat, Chennai - 600 009.
2. The Director of College Education, Chennai - 600 006.
M.SATHYANARAYANAN.,J..
vsi Writ Petition No.2826 of 2017 06.02.2017 http://www.judis.nic.in
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Title

In The High Court Of Judicature At ... vs The Government Of Tamil Nadu

Court

Madras High Court

JudgmentDate
06 February, 2017