High CourtsSingle Bench(2014) 07 MAD CK 0256

J.M. Ahamed Arun vs The Commissioner of Municipal Administration

Madras High Court · Decided on 2 July 2014

HON’BLE JUDGES
S. Nagamuthu, J
CASE NUMBER
Writ Petition No. 17268 of 2014 and M.P. No. 1 of 2014

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Judgment

4 paragraphs · 278 words

S. Nagamuthu, J.—The petitioner is working as an Executive Officer of Narasingapuram Municipality in Salem District. The first respondent, by his proceedings in R.C.No.50018/10/S2 dated 15.02.2011 has issued charge memorandum under Rule 17(b) of the Tamil Nadu Civil Services (D & A) Rules. The petitioner has submitted his explanation. Not having been satisfied with the said explanation, an enquiry has been ordered. Thereafter, the petitioner has filed a writ petition in W.P.No.9720 of 2011 challenging the said charge memorandum. By an order dated 25.08.2011, this Court, while declining to quash the charge memorandum, issued a direction to the respondents to complete the disciplinary proceedings, within a period of six months from the date of receipt of a copy of the order. Though the said order was passed on 25.08.2011, according to the petitioner, enquiry has not been completed. Therefore, the petitioner is again before this Court with this writ petition, seeking a direction to respondents 1 and 2 to complete the enquiry and to pass final orders in the disciplinary proceedings.

2.

This writ petition has come up today for admission. I have heard the learned counsel for the petitioner.

3.

Earlier, this Court, by an order dated 25.08.2011 had directed the respondents to complete the disciplinary proceedings and to pass final orders within a period of six months. In this writ petition also, the petitioner has sought for very same relief. Therefore, the writ petition is not maintainable. The remedy for the petitioner lies elsewhere to initiate contempt proceedings.

4.

In view of the same, the writ petition is dismissed, however, with liberty to the petitioner to initiate contempt proceedings. No costs. Connected miscellaneous petition is closed.