Madras High Court
The Executive Officer vs K.Kumar on 7 October, 2021
1 W.A.No.2548 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2021
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.A.No.2548 of 2021
and
CMP.No.16584 of 2021
The Executive Officer,
PeriyanaickenPalayam Town Panchayat,
Periyanaickenpalayam,
Coimbatore District. ... Appellant
Vs.
1.K.Kumar
Junior Assistant (Retired)
Thondamuthur Town Panchayat,
Coimbatore District.
2.The Commissioner of Town Panchayat,
Kuralagam,
Chennai – 108.
3.The District Collector,
Coimbatore. ... Respondents
Prayer: Writ appeal is filed under clause 15 of the Letter Patent praying to
allow the writ appeal to set aside the order of the Learned Judge made in
W.P.No.12648 of 2007 dated 14.12.2020 and dismiss the writ petition.
https://www.mhc.tn.gov.in/judis
2 W.A.No.2548 of 2021
For Appellant : Mr.V.Jayaprakash Narayanan
For Respondents 2 & 3 : Mr.K.V.Sajeev Kumar
(Government Counsel)
JUDGMENT
( Judgement of the Court was made by
S.VAIDYANATHAN, J. & A.A.NAKKIRAN.J )
Instant writ appeal is directed against the order dated 14.12.2020
made in W.P.No.12648 of 2007.
2. Learned counsel for the Appellant submitted that the only ground
raised by the employee before the learned Single Judge was that there was a
violation of principles of natural justice, as the order has been passed by the
District Collector, Coimbatore, without calling for explanation on the
enquiry report from the employer which is mandatory. However, the learned
single Judge, instead of remanding the matter for fresh consideration, has
simply interfered with the punishment in an arbitrary manner.
3. Once there was a violation of principles of natural justice, we are
of the view that the learned Single Judge ought to have remanded the matter
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in terms of the Judgement of the Supreme Court in the case of Union of
India and others Vs. Mohd. Ramzan Khan reported in AIR 1991 SC 471 so
as to continue the proceedings from where the defect has happened.
However, the learned Judge has allowed the writ petition. Unfortunately in
the writ appeal, the appellant has not taken that plea also.
4. At this Juncture, it is submitted by Mr.Jayaprakash Narayanan,
learned counsel for the appellant that this Court in exercise of its
extraordinary Jurisdiction can remand the matter to the authorities for fresh
consideration . We are not inclined to do so, when no plea was taken by the
appellant in this appeal, as we are not here to supplement the grounds which
are not taken by the appellant.
5. In the result, this Writ Appeal is dismissed. No costs.
(S.V.N.J.,) (A.A.N.J.,)
07.10.2021
dpq
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
S.VAIDYANATHAN, J.
and
A.A.NAKKIRAN, J.
dpq
To
1.The Commissioner of Town Panchayat,
Kuralagam,
Chennai – 108.
2.The District Collector,
Coimbatore.
W.A.No.2548 of 2021
and
CMP.No.16584 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis
