High Court · 2024

W.P.No.15780 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:19.06.2024CORAM :THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.15780 of 2024andWMP.Nos.17185 & 17186 of 2024K.Saravanakumar .. PetitionerVs.1. The Government of Tamil Nadu Rep by The Principal Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.2. The Director of Municipal Administration, No 75. Santhome High Road, M.R.C Nagar, Raja Annamalaipuram, Chennai.3. The Commissioner, Coimbatore Municipal Corporation, Coimbatore-641001... RespondentsPage 1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records relating to the Proceedings issued in Na.Ka.No.6370/2013/ MC1 Dated 18.05.2024 by the 3rd Respondent and quash the same as illegal, arbitrary and consequently direct the 1 Respondent herein to give promotion to the post of Executive Engineer in the Coimbatore City Municipal Corporation on par with his by far Juniors and disburse all the service benefits to the petitioner.For the Petitioner:Mr.L.Chandrakumar forMr.Durai GunasekaranFor Respondents::Mr.C.Tayaprakash, Government advocate for RR1 & 2Mr.Nazeeb Usman Khan, standing counsel for R3ORDERThe Writ Petition is filed challenging the impugned order of punishment dated 18.05.2024. By the said order, the petitioner is imposed with a punishment of stoppage of increment for a period of 3 years with cumulative effect. Even though the petitioner has an alternate remedy of filing an appeal, the petitioner approached this Court directly on the ground Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024that the principles of natural justice are violated in the instant case. 2. According to the learned counsel for the petitioner, by a report dated 29.11.2022 after conducting an oral enquiry, the enquiry officer returned the findings as all the three charges had not been proved. Thereafter, the disciplinary authority had called for further reasons from the enquiry officer as to why the enquiry officer has held that the charge No. 3, has also not been proved. The enquiry officer, by his communication dated 09.05.2023 had issued a suitable reply. The petitioner is not a party to these proceedings. However, the copy of the enquiry report was served on the petitioner, by a communication dated 07.05.2024, whereby notice was issued, forwarding the enquiry officers report and directing the petitioner to appear before the disciplinary authority on 10.05.2024. When the petitioner appeared before the disciplinary authority on 10.05.2024 and submitted his further explanation, the impugned order for punishment was passed. According to the learned counsel for the petitioner, when the enqiry authority has held that the charges were not proved, the disciplinary Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024authority, without even giving an opportunity to the petitioner, has come to a different conclusion. Apart from this, he is also contending that there is no misconduct on the part of the petitioner so as to impose the order of punishment. 3. Even though the matter has come up for admission, Mr.C.Tayaprakash, the learned government advocate, takes notice for the respondents 1 and 2 and Mr. Nazeeb Usman Khan, the learned standing counsel takes notice for the 3rd respondent. 4. Upon a specific query of this court to point out the second show cause notice, it is admitted that only the notice dated 07.05.2024 was issued in the matter. The entire notice itself is extracted hereunder:" ghh;it 1y; fhqk; Fw;wr;rhl;L Fwpg;ghizapd;go j';fs; kPJ 1986k; tUlj;jpa nfhak;g[j;J}h; khefuhl;rp gzpahsh; (xG';F eltof;if kw;Wk; nky; KiwaPl;L) tpjp vz;.8(2) d; fPH; Fw;wr;rhl;L jd;dpiy tpsf;fk; nfhug;gl;lJ. ,jd; nghpy; j';fshy; rkh;g;gpf;fg;gl;;l Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024jd;dpiy tpsf;fj;jpd; nghpy; tprhuid mYtyh; epakdk; bra;ag;gl;L ghh;it 3y; fz;lthW tprhuiz mwpf;if bgwg;gl;Ls;sJ. ,jidj; bjhlh;e;J j';fs; kPJ Rkj;jg;gl;l Fw;wr;rhl;Lfs; bjhlh;ghf jh';fs; 10.05.2024 md;W fhiy 11.00 kzpastpy; Mizah; mth;fspd; Kd;dpiyapy; nehpy; M$uhfp j';fs; kPJ Rkj;jg;gl;l Fw;wr;rhl;LfSf;fhd tphpthd tpsf;fj;jpid mspf;FkhW nfl;Lf; bfhs;sg;gLfpwJ. "5. Thus, it can be seen that when the enquiry officer has returned the finding that the charges have not been proved, while it will be open for the disciplinary authority to disagree with the enquiry officer and come to a different conclusion, it is mandatory on the part of the enquiry officer to issue a second show cause notice by indicating or enclosing his tentative reasons for disagreement, and only after hearing from the petitioner, he can come to a different conclusion, and the petitioner will be entitled to put forth all such grounds before the disciplinary authority to accept the enquiry officers report. Since the said procedure has been violated by the disciplinary authority. On the face of it, the impugned order cannot be sustained. Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 20246.Mr. L.Chandrakumar, the learned counsel for the petitioner, also submits that some other misconduct that is not part of the charges has also been taken into consideration. As of now, this Court is remanding the matter based on the charge memorandum alone, and therefore a fresh second show cause notice will be issued. If, at any point in the second show cause notice, such an allegation is indicated, then it will be open for the petitioner to take such defenses, which will be considered by the disciplinary authority. 7. In view thereof, the Writ Petition is allowed on the following terms:(i) The impugned order of punishment dated 18.05.2024 bearing No.Na.Ka.No.6370/2013/ MC1 shall stand quashed;(ii) However, it is open for the disciplinary authority to once again apply its mind to the enquiry report, and if it wants to differ from the views of the enquiry authority, it Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024can only come to a tentative conclusion, and the said reasons and tentative conclusions shall be put across to the petitioner along with a second show cause notice inviting his objections. (iii) Then, the petitioner will be entitled to raise all objections to the said second show cause notice, and the said objections have to be considered on their own merits, and thereafter, orders can be passed afresh. (iv) No costs. Consequently, the connected miscellaneous petitioners are also closed.19.06.2024Neutral Citation:Yes/ NojrsPage 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024To1. The Principal Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.2. The Director of Municipal Administration, No 75. Santhome High Road, M.R.C Nagar, Raja Annamalaipuram, Chennai.3. The Commissioner, Coimbatore Municipal Corporation, Coimbatore-641001.Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024D.BHARATHA CHAKRAVARTHY , J. jrs W.P.No.15780 of 2024andWMP.Nos.17185 & 17186 of 2024 19.06.2024Page 9 of 9

W.P.No.15780 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:19.06.2024CORAM :THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.15780 of 2024andWMP.Nos.17185 & 17186 of 2024K.Saravanakumar .. PetitionerVs.1. The Government of Tamil Nadu Rep by The Principal Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.2. The Director of Municipal Administration, No 75. Santhome High Road, M.R.C Nagar, Raja Annamalaipuram, Chennai.3. The Commissioner, Coimbatore Municipal Corporation, Coimbatore-641001... RespondentsPage 1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records relating to the Proceedings issued in Na.Ka.No.6370/2013/ MC1 Dated 18.05.2024 by the 3rd Respondent and quash the same as illegal, arbitrary and consequently direct the 1 Respondent herein to give promotion to the post of Executive Engineer in the Coimbatore City Municipal Corporation on par with his by far Juniors and disburse all the service benefits to the petitioner.For the Petitioner:Mr.L.Chandrakumar forMr.Durai GunasekaranFor Respondents::Mr.C.Tayaprakash, Government advocate for RR1 & 2Mr.Nazeeb Usman Khan, standing counsel for R3ORDERThe Writ Petition is filed challenging the impugned order of punishment dated 18.05.2024. By the said order, the petitioner is imposed with a punishment of stoppage of increment for a period of 3 years with cumulative effect. Even though the petitioner has an alternate remedy of filing an appeal, the petitioner approached this Court directly on the ground Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024that the principles of natural justice are violated in the instant case. 2. According to the learned counsel for the petitioner, by a report dated 29.11.2022 after conducting an oral enquiry, the enquiry officer returned the findings as all the three charges had not been proved. Thereafter, the disciplinary authority had called for further reasons from the enquiry officer as to why the enquiry officer has held that the charge No. 3, has also not been proved. The enquiry officer, by his communication dated 09.05.2023 had issued a suitable reply. The petitioner is not a party to these proceedings. However, the copy of the enquiry report was served on the petitioner, by a communication dated 07.05.2024, whereby notice was issued, forwarding the enquiry officers report and directing the petitioner to appear before the disciplinary authority on 10.05.2024. When the petitioner appeared before the disciplinary authority on 10.05.2024 and submitted his further explanation, the impugned order for punishment was passed. According to the learned counsel for the petitioner, when the enqiry authority has held that the charges were not proved, the disciplinary Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024authority, without even giving an opportunity to the petitioner, has come to a different conclusion. Apart from this, he is also contending that there is no misconduct on the part of the petitioner so as to impose the order of punishment. 3. Even though the matter has come up for admission, Mr.C.Tayaprakash, the learned government advocate, takes notice for the respondents 1 and 2 and Mr. Nazeeb Usman Khan, the learned standing counsel takes notice for the 3rd respondent. 4. Upon a specific query of this court to point out the second show cause notice, it is admitted that only the notice dated 07.05.2024 was issued in the matter. The entire notice itself is extracted hereunder:" ghh;it 1y; fhqk; Fw;wr;rhl;L Fwpg;ghizapd;go j';fs; kPJ 1986k; tUlj;jpa nfhak;g[j;J}h; khefuhl;rp gzpahsh; (xG';F eltof;if kw;Wk; nky; KiwaPl;L) tpjp vz;.8(2) d; fPH; Fw;wr;rhl;L jd;dpiy tpsf;fk; nfhug;gl;lJ. ,jd; nghpy; j';fshy; rkh;g;gpf;fg;gl;;l Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024jd;dpiy tpsf;fj;jpd; nghpy; tprhuid mYtyh; epakdk; bra;ag;gl;L ghh;it 3y; fz;lthW tprhuiz mwpf;if bgwg;gl;Ls;sJ. ,jidj; bjhlh;e;J j';fs; kPJ Rkj;jg;gl;l Fw;wr;rhl;Lfs; bjhlh;ghf jh';fs; 10.05.2024 md;W fhiy 11.00 kzpastpy; Mizah; mth;fspd; Kd;dpiyapy; nehpy; M$uhfp j';fs; kPJ Rkj;jg;gl;l Fw;wr;rhl;LfSf;fhd tphpthd tpsf;fj;jpid mspf;FkhW nfl;Lf; bfhs;sg;gLfpwJ. "5. Thus, it can be seen that when the enquiry officer has returned the finding that the charges have not been proved, while it will be open for the disciplinary authority to disagree with the enquiry officer and come to a different conclusion, it is mandatory on the part of the enquiry officer to issue a second show cause notice by indicating or enclosing his tentative reasons for disagreement, and only after hearing from the petitioner, he can come to a different conclusion, and the petitioner will be entitled to put forth all such grounds before the disciplinary authority to accept the enquiry officers report. Since the said procedure has been violated by the disciplinary authority. On the face of it, the impugned order cannot be sustained. Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 20246.Mr. L.Chandrakumar, the learned counsel for the petitioner, also submits that some other misconduct that is not part of the charges has also been taken into consideration. As of now, this Court is remanding the matter based on the charge memorandum alone, and therefore a fresh second show cause notice will be issued. If, at any point in the second show cause notice, such an allegation is indicated, then it will be open for the petitioner to take such defenses, which will be considered by the disciplinary authority. 7. In view thereof, the Writ Petition is allowed on the following terms:(i) The impugned order of punishment dated 18.05.2024 bearing No.Na.Ka.No.6370/2013/ MC1 shall stand quashed;(ii) However, it is open for the disciplinary authority to once again apply its mind to the enquiry report, and if it wants to differ from the views of the enquiry authority, it Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024can only come to a tentative conclusion, and the said reasons and tentative conclusions shall be put across to the petitioner along with a second show cause notice inviting his objections. (iii) Then, the petitioner will be entitled to raise all objections to the said second show cause notice, and the said objections have to be considered on their own merits, and thereafter, orders can be passed afresh. (iv) No costs. Consequently, the connected miscellaneous petitioners are also closed.19.06.2024Neutral Citation:Yes/ NojrsPage 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024To1. The Principal Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.2. The Director of Municipal Administration, No 75. Santhome High Road, M.R.C Nagar, Raja Annamalaipuram, Chennai.3. The Commissioner, Coimbatore Municipal Corporation, Coimbatore-641001.Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.15780 of 2024D.BHARATHA CHAKRAVARTHY , J. jrs W.P.No.15780 of 2024andWMP.Nos.17185 & 17186 of 2024 19.06.2024Page 9 of 9