Madras High Court
Mrs. V. Alagu Maheswari vs Chennai Metropolitan ... on 29 April, 2022
W.A. No. 1288 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MRS. JUSTICE N .MALA
W.A. No. 1288 of 2022
&
C.M.P. Nos. 8138 & 8140 of 2022
Mrs. V. Alagu Maheswari ..Appellant
Vs.
Chennai Metropolitan Development Authority,
rep. by its Member Secretary,
Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road,
Egmore, Chennai 600 008. ..Respondent
Prayer: Writ Appeal under Clause 15 of Letters Patent as against the
order dated 28.03.2022 passed in W.P. No. 21422 of 2021.
For Appellant :: Mr.M.K. Ajith Kumar
For Respondent :: Mr.R. Sivakumar for
M/s. Siva & Seshu Associates
JUDGMENT
S. Vaidyanathan,J.
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And
N. Mala,J.
The writ appeal is directed against the order dated 28.03.2022 passed
in W.P. No. 21422 of 2021.
2. The appellant, who was appointed by the respondent, pursuant
to a selection process, was issued with proceedings dated 25.09.2021 stating
that the respondent has decided to terminate the service of the appellant as
they found some irregularities in the appointment made. Challenging the
said proceedings, the writ petition came to be filed by the appellant herein.
3. The learned Single Judge, after hearing the parties, passed the
following order:
"4. The said submissions of the learned Advocate General is
recorded and by consent of both the learned counsels the
following directions are issued:
(i) The respondent is directed to issue a
fresh show cause notice to the writ petitioners
within a period of four weeks from the date of
receipt of a copy of this order.
(ii) On receipt of such notice, the writ
petitioners shall submit their
objections/explanations to the respondents within
a period of twelve weeks thereafter.
(iii) Thereafter, the respondents after
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affording due opportunities to the petitioners, shall
pass appropriate orders on merits and in
accordance with law, as expeditiously as possible."
4. The appellant would submit that the Advocate General
appearing before the learned Single Judge conceded that the impugned
show cause notice has got to be withdrawn and they will issue a fresh show
cause notice and proceed in accordance with law and with regard to
payment of wages, the respondent CMDA had agreed to settle the salary of
the writ petitioners from the date of issuance of show cause notice.
According to the appellant, the Advocate Geneal had given an undertaking
to withdraw the show cause notice, but he had not stated that proceedings
will be initiated and that the respondent CMDA may drop the proceedings
also.
5. We are not inclined to accept the contention of the learned
counsel for the appellant, more so, in the light of paragraph No.3 of the
order under challenge and the consent in paragrah No.4, which is extracted
supra. Even after the issuance of show cause notice and on receipt of
explanation, it is open to the respondent CMDA to drop the proceedings.
The time limit fixed based on consent cannot be interfered with. Moreover,
if the consent, as stated by the appellant, based on which direction has been
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given for issuance of show cause notice and submission of
explanation/objection within a time frame, was not given by the respondent
CMDA, the same cannot be gone into in this writ appeal. If no such consent
had been given by the learned Advocate General, it is open to the appellant
to file a review and address arguments before the learned Single Judge and
it is open to the learned Single Judge to take a call. Hence, the writ appeal
is disposed of with liberty to the appellant to file a review application, if so
advised. No costs. Connected C.M.Ps are closed.
(S.V.N.J.) (N.M.J.)
nv 29.04.2022
To
Chennai Metropolitan Development Authority,
rep. by its Member Secretary,
Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road,
Egmore, Chennai 600 008.
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W.A. No. 1288 of 2022
S. VAIDYANATHAN,J.
AND
N. MALA,J.
nv
W.A. No. 1288 of 2022
29.04.2022
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