Madras High Court
K.Prakash vs The Director on 1 February, 2024
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.A.Nos.2442, 2455, 2456, 2458, 2461, 2467, 2473 & 2482 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM:
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
and
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.A.Nos.2442, 2455, 2456, 2458, 2461, 2467, 2473 & 2482 of 2019
and C.M.P.Nos.16036, 16089, 16092, 16136, 16158,
16186, 16190 & 16204 of 2019
and C.M.P.Nos.8089, 8180, 8190, 8194, 8202, 8207, 8211 & 8240 of 2022
K.Prakash ...Appellant in W.A.No.2442/2019
P.Devarasu ...Appellant in W.A.No.2455/2019
T.Sumathi ...Appellant in W.A.No.2456/2019
M.Santhosam ...Appellant in W.A.No.2458/2019
K.Amirunnisa ...Appellant in W.A.No.2461/2019
K.Velu ...Appellant in W.A.No.2467/2019
K.Saiyath Musthafa ...Appellant in W.A.No.2473/2019
K.Vetharaja Balson ...Appellant in W.A.No.2473/2019
vs.
1.The Director,
Directorate of Government Examinations,
DPI Campus, College Road,
Nungambakkam,
Chennai – 600 006.
2.The Joint Director,
State Council of Educational Research and
Training Tamil Nadu,
College Road,
DPI Campus,
Chennai – 600 006.
3.The Principal,
District Institute of Education and Training (DIET),
DIET Kurukathi,
Nagapattinam District.
https://www.mhc.tn.gov.in/judis ...Respondents in all appeals
1/8
W.A.Nos.2442, 2455, 2456, 2458, 2461, 2467, 2473 & 2482 of 2019
Prayer in W.A.No.2442/2019: Writ Appeal filed under Clause 15 of the Letters
Patent, against the order passed by the learned Single Judge in W.P.No.17146 of
2019 dated 20.06.2019 and to set aside the same.
Prayer in W.A.No.2455/2019: Writ Appeal filed under Clause 15 of the Letters
Patent, against the order passed by the learned Single Judge in W.P.No.17153 of
2019 dated 20.06.2019 and to set aside the same.
Prayer in W.A.No.2456/2019: Writ Appeal filed under Clause 15 of the Letters
Patent, against the order passed by the learned Single Judge in W.P.No.17158 of
2019 dated 20.06.2019 and to set aside the same.
Prayer in W.A.No.2458/2019: Writ Appeal filed under Clause 15 of the
Letters Patent, against the order passed by the learned Single Judge in
W.P.No.17072 of 2019 dated 20.06.2019 and to set aside the same.
Prayer in W.A.No.2461/2019: Writ Appeal filed under Clause 15 of the Letters
Patent, against the order passed by the learned Single Judge in W.P.No.17227 of
2019 dated 20.06.2019 and to set aside the same.
https://www.mhc.tn.gov.in/judis
2/8
W.A.Nos.2442, 2455, 2456, 2458, 2461, 2467, 2473 & 2482 of 2019
Prayer in W.A.No.2467/2019: Writ Appeal filed under Clause 15 of the Letters
Patent, against the order passed by the learned Single Judge in W.P.No.17142 of
2019 dated 20.06.2019 and to set aside the same.
Prayer in W.A.No.2473/2019: Writ Appeal filed under Clause 15 of the Letters
Patent, against the order passed by the learned Single Judge in W.P.No.17075 of
2019 dated 20.06.2019 and to set aside the same.
Prayer in W.A.No.2482/2019: Writ Appeal filed under Clause 15 of the Letters
Patent, against the order passed by the learned Single Judge in W.P.No.17149 of
2019 dated 20.06.2019 and to set aside the same.
For Appellants in all appeals : Mr.B.Saravanan
For Respondents in all appeals : Mr.P.Muthukumar
Additional Advocate General
Assisted by Mr.Kumaravel
Additional Government Pleader
COMMON JUDGMENT
(Judgment of the Court was delivered by K.KUMARESH BABU, J.)
These Intra Court Appeals have been preferred by the unsuccessful
petitioners wherein their challenged to the charge memos have been negatived
https://www.mhc.tn.gov.in/judis
by the learned Single Judge.
W.A.Nos.2442, 2455, 2456, 2458, 2461, 2467, 2473 & 2482 of 2019
2.Heard Mr.B.Saravanan, learned counsel for the appellants and
Mr.P.Muthukumar, learned Additional Advocate General assisted by
Mr.Kumaravel, learned Additional Government Pleader for the respondents.
3.Mr.B.Saravanan, learned counsel appearing for the appellants would
submit that the appellants all have been involved in a paper correction and have
been issued with charge memos alleging that they were all negligent in
evaluating the papers. He would submit that what had been alleged in the charge
memos are only negligence. He would submit that in evaluating the papers,
there can be no negligence and the papers have been evaluated on the basis of
the assessment made by the individuals. He would further submit that there are
no allegations of moral turpitude in such negligence for a charge memo to be
issued. He would submit the further allegation is that in the second evaluation,
the evaluation of the appellants have been found to be at fault. He would submit
that if the second examiner had evaluated the paper wrongly, the petitioners
cannot be found to be negligent. He would further contend that there has been a
failure on the part of the respondents to furnish the disputed answer scripts along
with the charge memos which put the appellants at a disadvantage for them to
reply to the said charge memos. He would further contend that these aspects had
not been looked into by the learned Single Judge while passing the impugned
order and therefore, he would seek interference of this Court.
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W.A.Nos.2442, 2455, 2456, 2458, 2461, 2467, 2473 & 2482 of 2019
4.Countering his arguments, Mr.P.Muthukumar, learned Additional
Advocate General appearing for the respondents would submit that the grounds
raised by the appellants are all on the merits of the charge memos. He would
submit that the charge memo can only be questioned when there is an error in
jurisdiction or Authority or malice. These are not the grounds that had been
raised by the appellants for this Court to interfere at this length of time. He
would submit that the issues can always be raised by the appellants during the
course of the enquiries and the Disciplinary Authority can consider the case on
merits and hence, he would seek dismissal of the Intra Court Appeals.
5.We have considered the rival submission made by the learned counsel
appearing on either side and perused the materials available on record.
6.What had been challenged before this Court is the charge memos that
had been served upon the respective appellants. As rightly pointed out by the
learned Additional Advocate General, the learned counsel for the appellants seek
to attack the charge memos on its merits. It is not the case of the appellants that
the charge memos had been issued by an Authority who is not authorized or the
same is without jurisdiction. Further, there is no malice alleged either against any
officer or even a malice in law. It is always open to the appellants to raise all the
contentions that had been raised before us during the course of the Disciplinary
Proceedings.
https://www.mhc.tn.gov.in/judis
W.A.Nos.2442, 2455, 2456, 2458, 2461, 2467, 2473 & 2482 of 2019
7.In such circumstances, we do not find any infirmity in the orders passed
by the learned Single Judge.
8.In fine, the Writ Appeals fail and are dismissed accordingly. The
appellants are at liberty to raise all the points that had been raised before us,
before the Disciplinary Authority. Further considering the fact that the
Disciplinary Proceedings have been kept pending for a long time, the
Disciplinary Authority is directed to complete the Disciplinary Proceedings
within a period of three months from the date of receipt of a copy of this
judgment. It is needless to state that the appellants shall coordinate with the
Disciplinary Proceedings to meet its logical conclusion within the stipulated
period. There shall be no order as to costs. Consequently, the connected
miscellaneous petitions are closed.
(R.S.K.,J.) (K.B.,J.)
01.02.2024
Index: yes/no
Speaking order:yes/no
Neutral Citation:yes/no
pam
https://www.mhc.tn.gov.in/judis
W.A.Nos.2442, 2455, 2456, 2458, 2461, 2467, 2473 & 2482 of 2019
To
1.The Director,
Directorate of Government Examinations,
DPI Campus, College Road,
Nungambakkam,
Chennai – 600 006.
2.The Joint Director,
State Council of Educational Research and
Training Tamil Nadu,
College Road,
DPI Campus,
Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
W.A.Nos.2442, 2455, 2456, 2458, 2461, 2467, 2473 & 2482 of 2019
R.SURESH KUMAR, J.
and
K.KUMARESH BABU, J.
Pam
W.A.Nos.2442, 2455, 2456, 2458, 2461,
2467, 2473 & 2482 of 2019
01.02.2024
https://www.mhc.tn.gov.in/judis
