- (1.) Leave granted.
(2.) This appeal is directed against the common order passed by the High Court of Madras in Writ Appeal Nos. 297 and 331 of 2001 and Writ Petition No. 7854/2001 filed by the appellant herein. Certain disciplinary actions were initiated against the appellant herein who was working as Superintending Engineer in the tamil Nadu Housing Board. A charge memo was issued on 8.6.2000. The appellant preferred a writ petition to call for the records, to quash the charge memo by the respondent and to forebear the respondent from in any manner proceeding with the charge memo against the appellant. Certain other consequential prayers have also been made in regard to the disbursement of monetary benefits, etc.
(3.) Mr. V. Prabhakar, learned counsel for the appellant submitted that the charge memo had been issued in the year 2000 for the irregularity in issuing a sale deed in 1990 to one mr. A. N. Beemaiah who was an employee of the Housing Board and was to superannuate shortly. Mr. Prabhakar also submitted that though the records were very much available with the respondent, no action has been taken against the appellant since 1990 for about 10 years; that no explanation whatsoever was offered by the Housing Board for the inordinate delay in initiating the disciplinary action against the appellant. Mr. Prabhakar placed strong reliance on the following two decisions of this court in (i) State of Madhya Pradesh vs. Bani singh and Another reported in 1990 Supp. SCC 738 and (ii) State of A. P. vs. N. Radhakishan reported in (1998) 4 SCC 154 and submitted that the High Court did not even consider any of these judgments, which were specifically referred in the writ petition.;