K. VELUSAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The present Writ Petition has been filed for issuance of a Writ of Mandamus seeking direction to the first respondent to forthwith promote the petitioner as Deputy Registrar of Co-operative Societies pursuant to G.O.(3D) No.7, Cooperation, Food and Consumer Protection (CD1) Department dtd. 21/5/2018, which would be subject to the outcome of the disciplinary proceedings.

(2.) The petitioner was appointed as Junior Inspector of Co-operative Societies in the year 1982. After various promotions, now he has been working as Co-operatives Sub-Registrar. A charge memo dtd. 4/5/2009 was issued by the 2nd respondent. The petitioner challenged the charge memo before this Court by way of Writ Petition in W.P.No.14503 of 2009 and this Court directed the respondents to complete the enquiry within a period of six months. The period of six months is over by 17/1/2012. Thereafter, as the enquiry was not completed within a period of six months, the charge memo was quashed by the learned single Judge in W.P.No.32143 of 2013 dtd. 20/3/2014. Thereafter, the matter was taken up on appeal before the Division Bench. The Division Bench, while dealing with the charge, directed the appellants to take immediate steps to complete the enquiry proceedings within a reasonable time, as it is stated across the bar that the respondent is also likely to retire in the very near future. It is the grievance of the petitioner that the enquiry is not yet completed and hence the petitioner has filed the present writ petition seeking appropriate relief.

(3.) Under the circumstances, the report submitted by the learned counsel for the respondents needs to be looked into. The gist of charges as stated in the report reads as under:-