K A SYED KHADER OLI Vs. SECRETARY TO GOVERNMENT CO OPERATION FOOD AND CONSUMER PROTECTION DEPARTMENT CHENNAI

JUDGEMENT

(1.) THIS writ petition has been filed for issuance of writ of Certiorari, calling for the records of the fourth respondent in connection with the impugned charge memo issued by him in TDP Case No.14/2005 in Ref. No.582/2005/S1 dated 25.01.2006 based on the orders of the respondents 1 and 2 and quash the same.

(2.) THE case of the petitioner as given in the affidavit filed in support of the writ petition is as follows:

(3.) AS there was no progress made in the disciplinary proceedings, the petitioner filed another writ petition in W.P.No.36498 of 2006 seeking for a direction to consider his claim for promotion as a Joint Director of Horticulture for the year 2004-05 without reference to the three disciplinary proceedings pending against him including the TDP Case No.14/2005 referred to above. This Court on 12.12.2006, directed the respondents to complete all the disciplinary proceedings including the TDP Case No.14/2005 within a period of six months from the date of receipt of a copy of that order and thereafter to consider the claim for promotion. Despite the specific direction given by this Court on 12.12.2006, no progress was made excepting examining a few witnesses on the side of the prosecution. Again the petitioner filed one more writ petition in W.P.No.26000 of 2006 for the same relief as in the earlier writ petition. This Court by an order dated 21.08.2007 directed the respondents to consider the claim of the petitioner for promotion. Consequently the petitioner was promoted as Joint Director by an order dated 16.11.2007. The second respondent filed a petition before this Court seeking extension of time of six months from 15.06.2007 to complete all the disciplinary proceedings. But even after lapse of 2 years and 4 months from 15.06.2007, none of the disciplinary proceedings have been concluded including TDP Case No.14/2005. In the meantime, the petitioner became due for retirement on superannuation on 03.06.2008 and on that day he was permitted to retire from service without prejudice to the pending three disciplinary proceedings.