C.Sivaji vs Managing Director

R.Suresh Kumar, J

The prayer sought for herein is for a writ of mandamus directing the respondent to consider the petitioner's representation dated 28.02.2018 in the light of the order issued by the respondent dated 29.04.2015.

The petitioner was working as Assistant Manager at the respondent TASMAC and after rendering 30 years of service, he retired from service on superannuation on 30.04.2015. On the date of retirement since a disciplinary proceeding was pending where though enquiry had been conducted and Enquiry Officer's report also had been given to the Disciplinary Authority, where, second notice was issued to get explanation from the petitioner, without prejudice to take final decision on the Enquiry Officer's report by the Disciplinary Authority, permission was granted by the respondent to the petitioner to retire from service with effect from 30.04.2015 without prejudice to the disciplinary proceedings pending against him and accordingly the petitioner retired from service, however, for the past several years, no final orders have been passed on the disciplinary proceedings even though it was concluded by the Enquiry Officer, who, after completing the enquiry, has given the report to the Disciplinary Authority and for all these years, since no orders have been passed, the petitioner is not able to get the retirement and pensionary benefits from the respondent. Therefore, in order to pass final orders and based on which, the consequential relief with regard to retirement benefits also directed to be paid to the petitioner, the petitioner has approached this Court by filing the present writ petition after giving a representation to that effect to the respondent on 28.02.2018 as the same was not considered.

Heard Mr.K.Mohanamurali, learned counsel appearing for the petitioner who having reiterated the same would seek indulgence of this Court.

Heard Mr.K.Sathish Kumar, learned Standing Counsel appearing for the respondent who would submit that, if final orders have not been passed on the disciplinary proceedings which have already been concluded against the petitioner, such order would be passed within a time frame that may be stipulated by this Court and depending upon the outcome of said decision to be taken by the Disciplinary Authority by passing the final order on the disciplinary proceedings, the further course of action as to the plea raised by the petitioner to get the retirement benefits would be taken and an order to that effect would be passed.

I have considered the said submissions made by the learned counsel appearing for both sides and have perused the materials placed before this Court.

In view of the aforestated fact, where, even as on 30.04.2015 the enquiry was conducted on the disciplinary proceedings against the petitioner, however till such time since no orders have been passed in concluding the said disciplinary proceedings it is a delay on the part of the respondent, therefore this Court feels that a direction can be given to the respondent to pass final orders within a time frame.

As a result, this Court is inclined to dispose of this writ petition with the following orders:

(i) That there shall be a direction to the respondent to pass orders on the disciplinary proceedings, already been initiated and concluded, within a period of two weeks from the date of receipt of a copy of this order.

(ii) It is needless to mention that depending upon the outcome of the decision to be made by passing the final order as indicated above by the respondent, the other consequential order with regard to the plea of the petitioner for getting the retirement and pensionary benefits can also be taken and passed by the respondent thereafter within a period of two weeks.

With this direction, this Writ Petition is disposed of. No costs.