Madras High Court
M.Chellamuthu vs The Gandhigram Institute Of on 26 May, 2022
W.A.(MD) No.480 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.480 of 2022
and
C.M.P.(MD)No.4490 of 2022
M.Chellamuthu ...Appellant/
Writ Petitioner
/Vs./
1.The Gandhigram Institute of
Rural Health and Family Welfare Trust,
Rep by its Chairman,
Soundaram Nagar,
Gandhigram Post,
Dindigul District.
2.The Director
The Gandhigram Institute of
Rural Health and Family Welfare Trust,
Soundaram Nagar,
Gandhigram Post,
Dindigul District.
3.S.Seethalakshmi,
The Director,
The Gandhigram Institute of
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W.A.(MD) No.480 of 2022
Rural Health and Family Welfare Trust,
Soundaram Nagar,
Gandhigram Post,
Dindigul District.
4.J.Punithaselvi,
The Enquiry Officer,
The Principal, RHTTI, GIRH & FWT,
The Gandhigram Institute of Rural
Health and Family Welfare Trust,
Soundaram Nagar,
Gandhigram Post,
Dindigul District.
5.M.Sankarapandian,
The Enquiry officer,
the Statistician, GIRH & FWT,
The Gandhigram Institute of Rural
Health and Family Welfare Trust,
Soundaram Nagar,
Gandhigram Post,
Dindigul District.
...Respondents
PRAYER: Writ Petition filed under Clauses 15 of the Letter Patent Act
praying this Court to allow this writ appeal by set aside the order dated
19.04.2022 made in W.P(MD) No.14709 of 2021 on the file of this Court.
For Appellant : Mr.A.R.Jeyarhuthran
For R1 to R3 : Mr.V.Karthikeyan
for Mr.V.Vijay Shankar
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W.A.(MD) No.480 of 2022
JUDGMENT
[Judgment of the Court was made by R.SURESH KUMAR, J.]
This writ appeal has been directed against the order passed by the
learned Judge of this Court, dated 19.04.2022 made in WP(MD) No.
14709 of 2022.
2.In the said writ petition, the order impugned was a summon, dated
11.08.2021 summoning the petitioner for attending an enquiry, which has
already been initiated against him.
3.When this challenge was made, the learned Judge, who decided
the writ petition by impugned order dated 19.04.2022, having considered
the earlier proceedings, under which, each and every stage of the
disciplinary proceedings/enquiry, the writ petitioner had moved the writ
petition unsuccessfully and this has been taken note of by the learned
Judge and ultimately, the learned Judge found no plausible reasons or
grounds raised by the petitioner. Therefore, he was inclined to dismiss the
writ petition by the impugned order.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.480 of 2022
4.We have heard Mr.A.R.Jeyarhuthran, learned counsel for the
appellant, who among other things, canvass the point that when the
appellant requested the Enquiry Officer to permit him to engage a lawyer
during the enquiry, the same was not considered and rejected. When this
point was raised before the learned Judge during the writ proceedings, the
same has not been considered by the learned Judge as nothing has been
reflected in the impugned order. Therefore, that was one of the points
raised by the learned counsel for the appellant to assail the impugned order
of the learned Judge.
5.In response to the same, we have gone through the affidavit filed
in support of the writ petition before this Court. We have found that
nothing stated in the affidavit filed in support of the writ petition, as to the
alleged plea made by the writ petitioner to seek permission to engage a
lawyer during the enquiry proceedings. When that being so, the Writ Court
cannot be expected to decide that issue without having raised the same
before Writ Court. Therefore, on that ground also, the appellant cannot
successfully challenge the impugned order.
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W.A.(MD) No.480 of 2022
6.Apart from this, no other plausible reasons or grounds since have
been raised by the appellant, we are not inclined to interfere with the
impugned order. Hence, this Writ Appeal fails.
7.Accordingly, this Writ Appeal is dismissed. There shall be no
order as to costs. Consequently, connected CMP(MD).No.4490 of 2022 is
also dismissed.
[R.S.K,J.] [R.V,J.]
26.05.2022
Index : Yes / No
Internet : Yes / No
CP/RMK
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.480 of 2022
R.SURESH KUMAR,J.
and
R.VIJAYAKUMAR, J.
RMK/CP
Order made in
W.A.(MD)No.480 of 2022
and
C.M.P.(MD)No.4490 of 2022
Dated:
26.05.2022
https://www.mhc.tn.gov.in/judis
