Sri. M.N. Nishani vs The Commissioner City Municipal Commission, Chitradurga-577501, The Deputy Commissioner, Chitradurga District, Chitradurga-577501 and The Commissioner, Directorate of Municipal Administration, 9th Floor, Vishveshwaraiah Tower Dr. B.R. Ambedkar Veedhi Bangalore-560001.

H.N. Nagamohan Das

In this writ petition, the petitioner has prayed for a writ in the nature of certiorari to quash the enquiry proceeding initiated against him as per Annexure-E. Learned counsel for the petitioner relying on a Judgment of the Supreme Court in the case of P.V. Mahadevan MD. Housing Board reported in (2008) 6 SCC 636 contend that there is inordinate delay in initiating the enquiry proceedings and on this ground the proceedings are liable to be quashed.

It is seen from the record that, the charge against the petitioner is misappropriation of a sum of Rs. 7,935-62 between 01.04.1980 to 31.03.1981, another sum of Rs. 49,404-46 between 01.04.1981 to 31.03.1982 and another sum of Rs. 84,763-63 during 01.04.1982 to 31.03.1983. For this misappropriation of funds criminal proceedings were initiated in CC. No. 5109/1986, C.C. 141/1987 and C.C. 434/1987 and the same ended in acquittal by Judgment dated 21.04.2001.

Thereafter, in the year 2005-06 disciplinary enquiry proceedings came to be initiated against the petitioner as per Annexure-C. On account of non availability of records, the enquiry was adjourned from time to time. Again on 07.06.2011, as per Annexure-D & notice was issued to the petitioner directing him to appear in the enquiry proceedings. Now the enquiry proceedings are under progress as per Annexure-E. At this stage and having regard to gravity of charge this is not a fit case for quashing the proceedings. However, the 2nd respondent-disciplinary authority is hereby directed to complete the enquiry in accordance with law within a time framed of three months from the date of receipt of copy of this order. Accordingly, the writ petition is hereby disposed off.