Madras High Court
X.Antony Raja vs The Additional Chief Secretary on 3 June, 2024
W.P.(MD)No.8727 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.06.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA
W.P.(MD)No.8727 of 2024
and
W.M.P.(MD).No.7967 of 2024
X.Antony Raja ... Petitioner
Vs.
1. The Additional Chief Secretary,
Cooperation, Food and Consumer Protection Department,
Government of Tamil Nadu,
Secretariat,
Chennai.
2. The Deputy Secretary,
Tamil Nadu Public Service Commission,
Service Commission Road,
Chennai.
3. The Registrar of Cooperative Societies,
170 Evr Periyar High Road,
Kilpauk, Chennai 600 010.
4. The Regional Joint Registrar of Cooperative Societies,
Collectorate Complex,
Dindigul Region,
Dindigul.
5. The Deputy Registrar of Cooperatives,
Dindigul, Dindigul. ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8727 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records pertaining
to the impugned order of the first respondent in G.O.(Ms). No.48, Cooperation,
Food and Consumer Protection (CL1) Department dated 06.03.2024 and quash
the same and directing the respondent to permit the petitioner to continue as
Cooperative Sub-Registrar under the third respondent and regularize his service
with all attaining monetary benefits.
For Petitioner : Mr.M.Sricharan Rangarajan,
Senior Counsel
for Mr.G.Jeganathan
For R-1 : Mr.K.S.Selva Ganesan,
Additional Government Pleader
For R-2 : Mr.J.Anandha Kumar
ORDER
Heard Mr.M.Sricharan Rangarajan, learned Senior Counsel for
Mr.C.Jeganathan, learned counsel appearing for the petitioner,
Mr.K.S.Selvaganesan, learned Additional Government Pleader appearing for
the first respondent and Mr.J.Anandha Kumar, learned counsel appearing for
the second respondent.
2. This Writ Petition has been filed seeking to quash the impugned order
issued by the first respondent in the Government Order in G.O.(Ms).No.48,
Cooperation, Food and Consumer Protection (CL1) Department, dated
https://www.mhc.tn.gov.in/judis
06.03.2024 and further directing the respondent to permit the petitioner to
continue as ‘Cooperative Sub-Registrar’ under the third respondent and to
regularize the service of the petitioner with all monetary benefits.
3. The petitioner was appointed as ‘Senior Inspector’ through Tamil Nadu
Public Service Commission under the third respondent on 19.12.2012 and
thereafter, he was promoted as ‘Co-operative Sub-Registrar’ on 11.11.2016 at
Vedasandur Block (CSR / PDS) and subsequently, during the year 2021, he was
transferred from Vedasandur Block Field Office to Vadamadurai Block Co-
operative Sub-Registrar / Field Office. While the petitioner was serving as ‘Co-
operative Sub Registrar (PDS)’ at Vedasandur Block, an FIR was registered
against him in Crime No.2 of 2019 for the offences punishable under Section 7
(a) of the Vigilance and Anti Corruption Act. After conducting enquiry, the
case has been referred to Disciplinary Tribunal for taking departmental action
against the petitioner and two others. The allegation against the petitioner is
that unaccounted amount to the tune of Rs.95,280/- was seized by the vigilance
team from the petitioner. Thereafter, the petitioner has given an explanation
before the concerned authority. Not being satisfied with the explanation
submitted by the petitioner, an Enquiry Officer was appointed and the charges
were proved against him and two others on the ground of presumption and the
https://www.mhc.tn.gov.in/judis
disciplinary authority after going through the report submitted by the Enquiry
Officer, proceeded to pass an order of dismissal from service on 06.03.2024.
Challenging the same, the petitioner has filed this Writ Petition.
4. The matter in hand is no longer a res-integra. This Court has already
dealt with a similar issue in W.P.(MD).No.26540 of 2023, wherein, it is held as
follows:
10.A consolidated reading of the judgment
of the Hon'ble Supreme Court makes it clear that
whenever the Disciplinary Authority relies upon
the report of TNPSC, a copy of the same has to be
furnished. If the same is not furnished to the
delinquent before imposition of punishment that
would be in violation of principles of natural
justice. In the present case, a perusal of the order
impugned in the writ petition reveals that up to
paragraph No.3, the proceedings that are prior to
the second show cause notice have been recorded.
Paragraph No.4 extracts the opinion offered by
TNPSC. Paragraph No.5 clearly points out that
the Government has examined the case in the light
of the views expressed by TNPSC. Paragraph No.
7 reveals that along with the order of dismissal, a
copy of the letter of TNPSC has been enclosed.
https://www.mhc.tn.gov.in/judis
Therefore, it is clear that the Disciplinary
Authority has relied upon the opinion of Public
Service Commission, but they have not annexed
the said opinion with the second show cause
notice calling for explanation from the writ
petitioner. Therefore, there is clear violation of
principles of natural justice.
11.In view of the above said deliberations,
this Court passes the following orders;
(i)The order impugned in the writ petition
is set aside and the matter is remitted back to the
file of the first respondent herein.
(ii)The petitioner is at liberty to submit his
further explanation to the first respondent herein
in the light of the opinion expressed by TNPSC
within a period of four weeks from the date of
receipt of a copy of this order.
(iii)The first respondent is directed to pass
orders after considering the explanation offered
by the writ petitioner within a period of 12 weeks
thereafter.
5. In the light of the decision cited supra, this Writ Petition is allowed and
the impugned order passed by the first respondent in G.O.(Ms). No.48,
Cooperation, Food and Consumer Protection (CL1) Department dated
https://www.mhc.tn.gov.in/judis
06.03.2024 is quashed and the matter is remitted back to the file of the first
respondent herein. The petitioner is at liberty to submit his further explanation
to the first respondent herein in the light of the opinion expressed by TNPSC
within a period of four weeks from the date of receipt of a copy of this order and
the first respondent is directed to pass orders after considering the explanation
offered by the petitioner. No costs. Consequently, connected miscellaneous
petition is closed.
03.06.2024
Index:yes/no
Internet:yes/no
Ncc : yes/no
TSG
To
The Additional Chief Secretary,
Cooperation, Food and Consumer Protection Department,
Government of Tamil Nadu,
Secretariat,
Chennai.
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
TSG
03.06.2024
https://www.mhc.tn.gov.in/judis
