Madras High Court
S.Selvanagarathinam vs 5 Maheshwari on 27 June, 2023
W.P.No.14395 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.6.2023
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P..No.14395 of 2023
and W.M.P.No.13910 of 2023
S.Selvanagarathinam, I.P.S., ... Petitioner
Vs.
1 The Disciplinary Authority
Rep by the Additional Chief Secretary to
Government, Home (SC) Department,
Secretariat, Chennai- 600 009.
2 The Director General of Police (Law and Order),
Post Box No.601 Dr.Radhakrishnan Salai,
Mylapore Chennai- 600 004.
3 The Additional Director General of Police (CB- CID),
No.24, Pantheon Road, Egmore- 600 008.
4 The Additional Deputy Superintendent of Police,
Special Investigation Division, Crime Branch CID,
Egmore Chennai- 600 008.
5 Maheshwari
Special Investigation Division, Crime Branch CID,
Egmore Chennai- 600 008. ... Respondents
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W.P.No.14395 of 2023
Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorari, calling for the records of the
impugned order passed by the Hon'ble Central Administrative Tribunal Chennai
Bench dated 11.04.2023 in OA No.225 of 2023 and quash the same and
consequently, grant an interim stay of the memorandum of charge Memo vide
letter No. HSC4/2123-3/2022 dated 31.12.2022 on the file of the 1st
Respondent pending disposal of O.A. No.225 of 2023.
For Petitioner : Mr.V.Prakash, Sr.Counsel for
Mrs.K.Jayasudha
For Respondents 1 to 4 : Mrs.R.L.Karthika, G.A.
Mr.M.Babu Barveez, G.A.
For Respondent No. 5 : Ms.Chandra Priya for
M/s.P.Wilson Associates
*****
ORDER
(Order of the Court was delivered by D.KRISHNAKUMAR, J.)
According to the petitioner, the petitioner is now serving as
Deputy Director (Training), Tamil Nadu Training Academy. While so, one
Krithika has sent a complaint with false allegations through email to the
second respondent herein in September 2022 and the same came to be
forwarded to the third respondent. The third respondent directed a
preliminary enquiry to verify the allegations by appointing the fourth
respondent as the enquiry officer. The petitioner also participated in the
enquiry proceedings. The fourth respondent conducted enquiry between
November – December 2022 with malafide intention and had given an adverse
finding/report dated 26.12.2022 against the petitioner. Taking cognizance of
the enquiry report, disciplinary proceedings was initiated against the
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W.P.No.14395 of 2023
petitioner and a charge memo dated 31.12.2022 came to be issued in Letter
No.HSC4/2123-3/2022. Challenging the charge memo, the petitioner has
preferred O.A.No.225 of 2023 before the Central Administrative Tribunal
praying to stay the disciplinary proceedings. However, the tribunal rejected
interim stay of the impugned order and granted three weeks time to the
respondents for filing reply. Aggrieved by the same, the petitioner has filed
the instant writ petition before this Court.
2. Assailing the impugned order passed by the first respondent,
the petitioner raised a ground that the preliminary enquiry conducted by the
fourth respondent is vitiated by bias. The petitioner relied upon the judgment
of the Hon'ble Supreme Court of India in Oryx Fisheries India Private Ltd. vs.
Union of India reported in [(2010) 13 SCC 427] to contend that entire
proceedings gets vitiated by unfairness and bias. It is further stated in the
affidavit that the provisions of Sexual Harassment Act will not applicable to the
present case as the alleged misconduct does not fall within the definition of
Sexual Harassment Act. The complaint ought to have been forwarded by the
second respondent to the Internal Complaints Committee constituted under
Sec.4 of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013.
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W.P.No.14395 of 2023
3. The learned Government Advocate appearing for the official
respondents would submit that O.A.No.225 of 2023 before the Central
Administrative Tribunal has been adjourned for filing reply statement by the
respondents and the respondents are also ready to file reply statement before
the Tribunal. 5th Respondent has already filed counter affidavit before the
tribunal. The learned Government Advocate appearing for the official
respondents requires time to file reply statement before the tribunal.
4. Considering the rival submissions of the parties and perused
the materials available on record.
5. The contentions raised by the petitioner as well as the
objections made by the respondents will be decided by the tribunal in the
aforesaid O.A. challenging the impugned charge memo. Therefore, we are of
the view that in the interest of justice, it would be appropriate to direct the
tribunal to dispose of the O.A.No.225 of 2023 within a prescribed time.
6. In the facts and circumstances of the case and in the interest
of justice, we direct the tribunal to take up the O.A.No.225 of 2023 and
dispose of the same within a period of four weeks from the date of receipt of
copy of the order. The parties are directed to agitate all the contentions
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W.P.No.14395 of 2023
raised in the writ petition before the tribunal. It is made clear that the
tribunal shall dispose of the said O.A. without being influenced by the orders
passed by this Court and the tribunal.
7. With the above directions, writ petition stands disposed of. No
costs. Connected miscellaneous petition is closed.
(D.K.K.J. ) (P.D.B.J.)
27.6.2023
Speaking/Non Speaking order
Index: Yes
vaan
To
1 The Disciplinary Authority/Additional Chief Secretary to Government,
Home (SC) Department, Secretariat, Chennai- 600 009.
2 The Director General of Police (Law and Order),
Post Box No.601 Dr.Radhakrishnan Salai, Mylapore Chennai- 600 004.
3 Additional Director General of Police (CB- CID),
No.24 Pantheon Road, Egmore- 600 008.
4 Additional Deputy Superintendent of Police,
Special Investigation Division, Crime Branch CID, Egmore, Chennai 600 008.
https://www.mhc.tn.gov.in/judis
W.P.No.14395 of 2023
D.KRISHNAKUMAR, J
AND
P.DHANABAL, J.
vaan
W.P..No.14395 of 2023
and W.M.P.No.13910 of 2023
Dated: 27.6.2023
https://www.mhc.tn.gov.in/judis
