Madras High Court
P.Babu Amarnath vs The Director Of Town Panchayat on 7 September, 2021
1 W.A.No.2246 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2021
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.A.No.2246 of 2021
P.Babu Amarnath ... Appellant
vs.
1. The Director of Town Panchayat,
Kuralagam-Chennai 600 108
Office at MRC Nagar,
Raja Annamalai Puram,
Chennai-600 028.
2. The Secretary to Government,
Municipal Administration
& Water Supply Department,
Fort St George, Chennai-600 009. ... Respondents
Writ appeal is filed under clause 15 of the Letter Patent against the order
of the learned single Judge dated 14.12.2020 made in W.P.No.1935 of 2014.
For Appellant : Mr. K.Venkataramani,
Senior Counsel
for Mr.M.Muthappan
For Respondents : Mr.K.V.Sajeev Kumar,
Government Advocate
https://www.mhc.tn.gov.in/judis
2 W.A.No.2246 of 2021
JUDGMENT
(Judgment of the Court was made by S.VAIDYANATHAN, J.)
Instant writ appeal is directed against the order dated 14.12.2020
made in W.P.No.1935 of 2014.
2. The grievance of the petitioner is that the learned single Judge
ought not to have remanded the matter to the Appellate Authority, when the
Court has held that there is no proper enquiry and that the order of the
Appellate Authority is also a non speaking one. Further, no separate finding
has been rendered by the Appellate Authority who mechanically confirmed
the order of the Disciplinary Authority. As there is no financial loss caused
to the respondents in the writ petition and that even though there is a lapse
on the part of the writ petitioner, the learned single Judge came to the
conclusion based on the materials produced before him that the writ
petitioner was not given sufficient opportunity to put forth his defence in
the enquiry.
3. Mr.K.Venkataramani, learned Senior Counsel appearing for the
appellant submitted that after the orders of the leaned single Judge, a
https://www.mhc.tn.gov.in/judis
representation has been made to the Appellate Authority to consider the
request and that the issue is pending before the Appellate Authority. He
further submitted that the matter may be adjourned by two weeks and in
case, any orders are passed, nothing survives in the writ appeal.
4. The submission made by the learned senior counsel for the
appellant cannot be accepted, as having accepted the order of the learned
Single Judge, even though writ appeal has been filed, he has given a
representation to the Appellate Authority. He cannot be permitted to ride
two horses at the same time one by approaching the Appellate Authority for
reduction in punishment and keep the matter pending and another by filing
the present writ appeal contending that enquiry held to be incorrect, the
matter shall go back to the Enquiry Officer for the purpose of proceeding
afresh that is to set the clock back prior to the Disciplinary Authority order.
5. We are not inclined to accept the contention of the learned senior
counsel appearing for the appellant.
6. At this stage, the learned senior counsel for the appellant
https://www.mhc.tn.gov.in/judis
submitted that after the orders of the learned single Judge, the Government
has sent a communication to the appellant to send a representation, based on
which the representation has already been sent. Admittedly, no appeal has
been preferred by the respondents/State.
7. In reply, the learned Government Advocate appearing for the
respondents would submit that the representation of the appellant is pending
before them and that they will take a decision within a period of three weeks
from the date of receipt of a copy of the judgment and order shall be passed
and decision shall be communicated to the appellant within a period of two
weeks thereafter.
8. Recording the statement of the learned Government Advocate
appearing for the respondents, the writ appeal is disposed of. No costs.
(S.V.N.J.,) (A.A.N.J.,)
07.09.2021
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 Director of Town Panchayat,
Kuralagam-Chennai 600 108
Office at MRC Nagar,
Raja Annamalai Puram,
Chennai-600 028.
2. The Secretary
Municipal Administration & Water Supply Dept
Fort St George, Chennai-600 009
W.A.No.2246 of 2021
07.09.2021
https://www.mhc.tn.gov.in/judis
