Madras High Court
R.Kumaresan vs The District Collector on 16 June, 2023
W.P.(MD).No.12853 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.06.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.12853 of 2016
and
W.M.P.(MD).Nos.9710 and 9711 of 2016
R.Kumaresan ... Petitioner
Vs.
1.The District Collector,
Thanjavur,
Thanjavur District.
2.The Director of Town Panchayat,
Kuralagam,
Chennai – 600 108. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned proceedings issued by the first respondent
in Na.Ka.No. 106/10/TP2 dated 06.10.2015 and quash the same and
consequently direct the respondents to promote the petitioner as Assistant/Head
Clerk/Executive officer Grade II on par with his juniors along with attendant
benefits.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.12853 of 2016
For Petitioner : Mr.S.Ram Sundar Vijayraj,
For C.Jeganathan
For Respondents : Mr.P.Thambidurai,
Government Advocate.
ORDER
This Writ Petition is filed to quash the order dated 06.10.2015 and
consequently direct the respondents to promote the petitioner as Assistant/Head
Clerk/Executive officer Grade II on par with his juniors along with attendant
benefits.
2. The petitioner while he was working as Junior Assistant, a criminal
case was registered against him and another namely Saravanan in Crime No.18
of 2010 under Sections 341, 294(b) and 307 of IPC by the Inspector of Police,
Kumbakonam West Police Station. Thereafter, the respondents have placed the
petitioner under suspension on 10.01.2010. In the meanwhile, the criminal case
was taken on file in S.C.No.251 of 2010 before Chief Judicial Magistrate,
Kumbakonam and the petitioner was acquitted from the criminal case vide
judgment dated 27.07.2011. The respondents have issued charge memo dated
10.01.2010 under Rule 17(e) of the Tamil Nadu Civil Services (Discipline and
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.12853 of 2016
Appeal) Rules and placed the petitioner under suspension. Except the
allegation in the criminal case, there was no other charges pending against the
petitioner. The respondents proceeded with the charge memo by appointing an
enquiry officer and the enquiry officer also held that the charges were not
proved. Even though in the criminal case the petitioner was acquitted and the
enquiry officer has held that the charges are not proved, the disciplinary
authority has imposed the punishment of censure.
3. The contention of the petitioner is that when the enquiry officer has
stated that the charges were not proved, the respondents have not issued any
notice to deviate from the enquiry report and hence the punishment imposed in
violative of principle of natural justice. The counter is also silent about the
same which means the respondents have not issued any notice to deviate from
the enquiry report. Therefore, the punishment cannot be imposed without
proper notice for deviating from the enquiry report and hence the punishment is
violative of principles of natural justice.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.12853 of 2016
4. Therefore, this Court is inclined to quash the impugned order and the
impugned order is quashed. The respondents are directed to consider the case
of the petitioner for promotion to the post of Assistant, if he is otherwise
qualified and also further promotion to other posts. The said exercise shall be
completed within a period of eight (8) weeks from the date of receipt of a copy
of this order.
5. In view of the above, this Writ Petition is allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
16.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Nsr
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.12853 of 2016
To
1.The District Collector,
Thanjavur,
Thanjavur District.
2.The Director of Town Panchayat,
Kuralagam,
Chennai – 600 108.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.12853 of 2016
S.SRIMATHY, J.
Nsr
W.P.(MD).No.12853 of 2016
16.06.2023
https://www.mhc.tn.gov.in/judis
