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W.P.No.21617 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.02.2024 CORAM : THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.21617 of 2022 W.M.P.Nos.20636 & 20637 of 2022K.Thangavelu ...Petitioner-Vs-1. The Secretary to Government, Government of Tamilnadu, Animal Husbandary & Veterinary Services, Secretariate, Chennai-600 009. 2. The Director, Directorate of Animal Husbandary & Veterinary, Services, No.571, Anna Salai, Nandanam, Chennai-600 035. 3.The Additional Director (Special Schemes), Directorate of Animal Husbandary & Veterinary Services, No.571, Anna Salai, Nandanam, Chennai-600 035. ...RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus or any other appropriate Writ, Order or direction in the nature of a Writ, calling for the records of the 1st Respondent in respect of the order contained in G.O.(D).No.80 dated 16.02.2022 passed by the first respondent in the appeal filed by the petitioner challenging the order contained in Na.Ka.No.3898-L1/2015 dated 1/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 03.07.2015 passed by the 2nd Respondent and consequently direct the Respondents to consider the petitioner for all further promotions and benefits as per law and pass any such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. (Prayer amended as per order dated 27.02.2024 in W.M.P.No.24932 of 2022 in W.P.No.21617 of 2022) For petitioner : Dr.R.MaheswariFor respondents : Mrs.R.L.Karthika, Government Advocate ORDERThis writ petition has been filed challenging the order passed by the 1st respondent dated 16.02.2022 thereby rejected the review filed by the petitioner confirming the order passed by the 2nd respondent thereby imposed punishment of stoppage of increment for the period of three month without cumulative effect. 2. The petitioner had joined in the service of the respondents department on 25.04.1988 as Veterinary Assistant Surgeon. Thereafter, he was promoted to the post of Veterinary Surgeon in the cadre of Assistant Director on 28.12.2012. He supervised Veterinary institution in two taluks 2/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 viz., Erode and Perundurai, which has 41 veterinary dispensaries 18 Sub-Centers and also for implementing various welfare schemes floated by Government of Tamilnadu from time to time. This also includes selection of beneficiaries as per norms of Government, imparting training and educating the beneficiaries in rearing and selection of healthy animals in their day to day life. This also includes promoting livestock insurance schemes, monthly inspection of scheme activities, conduct of monthly health camps and free medical assistance to the animals reared by beneficiaries, monitoring outbreak of animal diseases and related preventive activities like providing vaccination and other medical solutions. However, there was acute shortage of staff to carry out the above functions. The petitioner had sought for permission and ratification to use the field staff for office work by making alternate arrangements without affecting the routine activities of the field staff and in accordance with the workload of each of such field staff. 3. While being so, one signed anonymous complaint was lodged as against the petitioner alleging that the petitioner had acted in communal bias and he had also shown gender bias. On receipt of the said complaint, 3/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 the 3rd respondent conducted enquiry without even serving copy of the complaint to the petitioner. After receipt of the enquiry report, the petitioner was served with show cause notice under Rule 17A of the Tamilnadu Civil Services (Discipline & Appeal) Rules, thereby calling upon the petitioner to submit his explanation. The petitioner submitted explanation and without satisfying with the explanation, the 2nd respondent awarded punishment of withholding the payment of increment for three months without cumulative effect. Aggrieved by the same, the petitioner filed appeal before the first respondent and the same was also rejected by an order dated 09.08.2017. Once again, the petitioner filed review before the 1st respondent and the same was also rejected by the first respondent by an order dated 16.02.2022. 4. The learned counsel for the petitioner would submit that without even considering the explanation submitted by the petitioner and without referring any of the grounds raised by the petitioner, the disciplinary authority as well as the appellate authority mechanically imposed punishment without stating any reasons. The enquiry was conducted on the 4/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 basis of vague and anonymous complaint with regards to communal and gender bias allegations. Even before the enquiry officer, the said charges were not supported by any valid documents, since there was no such incidents which has taken place. In fact because of the said alleged communal and gender bias, the petitioner did not get any pecuniary benefits. The petitioner was targeted for some other reasons with false allegations by the persons who have been affected by the official duties assigned to the staff or on being questioned about their conduct in the office. No one deposed against the petitioner before the enquiry officer in order to prove the charge. Even then, the enquiry officer held as against the petitioner as charge proved. 5. On perusal of the counter filed by the 2nd respondent stating that several complaints were received as against the petitioner alleging that he was treating the veterinary Assistant Surgeons and staffs working under his control with Communal bias and Gender bias issues creating rift between the staff working under the petitioner, thus causing hindrance to the departmental works. Therefore, the 3rd respondent conducted enquiry and 5/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 submitted report. In fact, the 3rd respondent by its communication dated 17.02.2015 issued notice to the petitioner and thereby directed him to appear in person for enquiry to be held on 24.02.2015. The petitioner appeared before the enquiry officer and submitted his written submission. Only thereafter, he was issued show cause notice calling him to submit explanations. The petitioner also submitted his explanation and thereafter, the 2nd respondent imposed punishment on the stoppage of increment for three months without cumulative effect. 6. Though, the respondents received anonymous complaint alleging that the petitioner acted in communal bias and gender bias manner among the staffs, on perusal of the charge, it does not contain any specific allegation such as to whom the petitioner acted communal bias and gender bias . All the allegations are bald and vague. It is relevant to extract the charge as follows: ''Fw;wr;rhl;Llhf;lh;/nf/j';fntY. jw;nghJ fpUc^;zfphp fhy;eil neha; g[ydha;t[[ gphpt[ cjtp ,af;Feuhf khWjypy; cs;sth;. <nuhL (fhg) cjtp 6/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 ,af;Feuhfg; gzpg[hpe;j nghJ mtuJ fl;Lg;ghl;oy; gzpg[hpa[k; fhy;eil cjtp kUj;Jth;fSld; ,dg;ghFghLlDk;. ghypay; ghFghLfs; fhl;oajd; K:yk; mtuJ fl;Lg;ghl;oy; gzpg[hpe;j gzpahsh;fspilna gphptpidia cUthf;fp Jiwg; gzpfSf;F Fe;jfk; tpistpj;jjd; K:yk; ,th; jkpH;ehL muRg; gzpahsh; elj;ij tpjpfs; 1973I kPwpa[s;sh;/''7. On basis of the said charge, the enquiry officer conducted enquiry. Though, the petitioner was not served with enquiry report, the petitioner obtained enquiry report only through Right to Information Act. On perusal of the enquiry report revealed that the doctors deposed that petitioner acted in favour of his own relative people and he failed to show any lenience to others. In order to disturb private doctors of Veterinary Assistant Surgeon, he used to conduct inspection at about 7.30a.m. in the veterinary dispensaries. While inspecting the dispensaries, he had shown disrespect to Veterinary Assistant Surgeons as well as the staffs. Further he extracted the work in order to implement the scheme of supplying goats to the beneficiaries from other Veterinary Assistant Surgeons who were located away from the petitioner's office. He also issued charge memo as against 7/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 the Veterinary Assistant Surgeons for the implementation of the said scheme. The petitioner also acted with intention to wreak vengeance against the staffs. After the charge, now the petitioner hold the post of Assistant Director. There were two groups between the Veterinary Assistant Surgeons and as such there were communal bias and gender bias. The enquiry officer did not even mention about who deposed in order to prove the said allegations. The enquiry report revealed that the enquiry officer did not even enquire any doctors or staffs. On the basis of the complaint, the enquiry officer received explanation from the petitioner and submitted his enquiry report. In fact, on the 2nd show cause notice, the petitioner categorically explained each and every allegations. The 2nd respondent did not even consider explanation submitted by the petitioner without discussing about the explanation submitted by the petitioner and mechanically imposed punishment of stoppage of increment for a period of three months without cumulative effect. Unfortunately, the appellate authority and also revisionary authority and the first respondent also dismissed the appeal without passing any speaking order. Even assuming that the enquiry officer enquired the supportive witnesses, the entire report 8/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 revealed that all the allegations are bald and vague in nature and no materials available to prove the said allegations. Mere taking as against the erred officials. Some of the erred officials had sent anonymous complaint, that too without mentioning their names. On receipt of the said anonymous complaint, without even serving the copy of the complaint, the enquiry was ordered. Even in the enquiry, no one had spoken about the specific allegations as against the petitioner. Therefore, the entire disciplinary proceedings cannot be sustained as against the petitioner. 8. Therefore, the impugned order passed by the 1st and 2nd respondents are liable to be quashed. Accordingly, impugned order in Na.Ka.No.3898-L1/2015 dated 03.07.2015 passed by the 2nd respondent and first respondent are quashed. Hence, this writ petition is allowed. The respondents are directed to consider the petitioner for all further promotions and monetary benefits in accordance with law. Consequently, connected miscellaneous petitions are closed. No costs. 27.02.2024 (1/2)Index : Yes/NoInternet: Yes/No9/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 gvnG.K.ILANTHIRAIYAN,J. gvnTo1. The Secretary to Government, Government of Tamilnadu, Animal Husbandary & Veterinary Services, Secretariate, Chennai-600 009. 2. The Director, Directorate of Animal Husbandary & Veterinary, Services, No.571, Anna Salai, Nandanam, Chennai-600 035. 3.The Additional Director (Special Schemes), Directorate of Animal Husbandary & Veterinary Services, No.571, Anna Salai, Nandanam, Chennai-600 035. W.P.Nos.21617 of 2022 W.M.P.Nos.20636 & 20637 of 202227.02.2024(1/2)10/10
W.P.No.21617 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.02.2024 CORAM : THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.21617 of 2022 W.M.P.Nos.20636 & 20637 of 2022K.Thangavelu ...Petitioner-Vs-1. The Secretary to Government, Government of Tamilnadu, Animal Husbandary & Veterinary Services, Secretariate, Chennai-600 009. 2. The Director, Directorate of Animal Husbandary & Veterinary, Services, No.571, Anna Salai, Nandanam, Chennai-600 035. 3.The Additional Director (Special Schemes), Directorate of Animal Husbandary & Veterinary Services, No.571, Anna Salai, Nandanam, Chennai-600 035. ...RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus or any other appropriate Writ, Order or direction in the nature of a Writ, calling for the records of the 1st Respondent in respect of the order contained in G.O.(D).No.80 dated 16.02.2022 passed by the first respondent in the appeal filed by the petitioner challenging the order contained in Na.Ka.No.3898-L1/2015 dated 1/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 03.07.2015 passed by the 2nd Respondent and consequently direct the Respondents to consider the petitioner for all further promotions and benefits as per law and pass any such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. (Prayer amended as per order dated 27.02.2024 in W.M.P.No.24932 of 2022 in W.P.No.21617 of 2022) For petitioner : Dr.R.MaheswariFor respondents : Mrs.R.L.Karthika, Government Advocate ORDERThis writ petition has been filed challenging the order passed by the 1st respondent dated 16.02.2022 thereby rejected the review filed by the petitioner confirming the order passed by the 2nd respondent thereby imposed punishment of stoppage of increment for the period of three month without cumulative effect. 2. The petitioner had joined in the service of the respondents department on 25.04.1988 as Veterinary Assistant Surgeon. Thereafter, he was promoted to the post of Veterinary Surgeon in the cadre of Assistant Director on 28.12.2012. He supervised Veterinary institution in two taluks 2/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 viz., Erode and Perundurai, which has 41 veterinary dispensaries 18 Sub-Centers and also for implementing various welfare schemes floated by Government of Tamilnadu from time to time. This also includes selection of beneficiaries as per norms of Government, imparting training and educating the beneficiaries in rearing and selection of healthy animals in their day to day life. This also includes promoting livestock insurance schemes, monthly inspection of scheme activities, conduct of monthly health camps and free medical assistance to the animals reared by beneficiaries, monitoring outbreak of animal diseases and related preventive activities like providing vaccination and other medical solutions. However, there was acute shortage of staff to carry out the above functions. The petitioner had sought for permission and ratification to use the field staff for office work by making alternate arrangements without affecting the routine activities of the field staff and in accordance with the workload of each of such field staff. 3. While being so, one signed anonymous complaint was lodged as against the petitioner alleging that the petitioner had acted in communal bias and he had also shown gender bias. On receipt of the said complaint, 3/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 the 3rd respondent conducted enquiry without even serving copy of the complaint to the petitioner. After receipt of the enquiry report, the petitioner was served with show cause notice under Rule 17A of the Tamilnadu Civil Services (Discipline & Appeal) Rules, thereby calling upon the petitioner to submit his explanation. The petitioner submitted explanation and without satisfying with the explanation, the 2nd respondent awarded punishment of withholding the payment of increment for three months without cumulative effect. Aggrieved by the same, the petitioner filed appeal before the first respondent and the same was also rejected by an order dated 09.08.2017. Once again, the petitioner filed review before the 1st respondent and the same was also rejected by the first respondent by an order dated 16.02.2022. 4. The learned counsel for the petitioner would submit that without even considering the explanation submitted by the petitioner and without referring any of the grounds raised by the petitioner, the disciplinary authority as well as the appellate authority mechanically imposed punishment without stating any reasons. The enquiry was conducted on the 4/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 basis of vague and anonymous complaint with regards to communal and gender bias allegations. Even before the enquiry officer, the said charges were not supported by any valid documents, since there was no such incidents which has taken place. In fact because of the said alleged communal and gender bias, the petitioner did not get any pecuniary benefits. The petitioner was targeted for some other reasons with false allegations by the persons who have been affected by the official duties assigned to the staff or on being questioned about their conduct in the office. No one deposed against the petitioner before the enquiry officer in order to prove the charge. Even then, the enquiry officer held as against the petitioner as charge proved. 5. On perusal of the counter filed by the 2nd respondent stating that several complaints were received as against the petitioner alleging that he was treating the veterinary Assistant Surgeons and staffs working under his control with Communal bias and Gender bias issues creating rift between the staff working under the petitioner, thus causing hindrance to the departmental works. Therefore, the 3rd respondent conducted enquiry and 5/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 submitted report. In fact, the 3rd respondent by its communication dated 17.02.2015 issued notice to the petitioner and thereby directed him to appear in person for enquiry to be held on 24.02.2015. The petitioner appeared before the enquiry officer and submitted his written submission. Only thereafter, he was issued show cause notice calling him to submit explanations. The petitioner also submitted his explanation and thereafter, the 2nd respondent imposed punishment on the stoppage of increment for three months without cumulative effect. 6. Though, the respondents received anonymous complaint alleging that the petitioner acted in communal bias and gender bias manner among the staffs, on perusal of the charge, it does not contain any specific allegation such as to whom the petitioner acted communal bias and gender bias . All the allegations are bald and vague. It is relevant to extract the charge as follows: ''Fw;wr;rhl;Llhf;lh;/nf/j';fntY. jw;nghJ fpUc^;zfphp fhy;eil neha; g[ydha;t[[ gphpt[ cjtp ,af;Feuhf khWjypy; cs;sth;. <nuhL (fhg) cjtp 6/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 ,af;Feuhfg; gzpg[hpe;j nghJ mtuJ fl;Lg;ghl;oy; gzpg[hpa[k; fhy;eil cjtp kUj;Jth;fSld; ,dg;ghFghLlDk;. ghypay; ghFghLfs; fhl;oajd; K:yk; mtuJ fl;Lg;ghl;oy; gzpg[hpe;j gzpahsh;fspilna gphptpidia cUthf;fp Jiwg; gzpfSf;F Fe;jfk; tpistpj;jjd; K:yk; ,th; jkpH;ehL muRg; gzpahsh; elj;ij tpjpfs; 1973I kPwpa[s;sh;/''7. On basis of the said charge, the enquiry officer conducted enquiry. Though, the petitioner was not served with enquiry report, the petitioner obtained enquiry report only through Right to Information Act. On perusal of the enquiry report revealed that the doctors deposed that petitioner acted in favour of his own relative people and he failed to show any lenience to others. In order to disturb private doctors of Veterinary Assistant Surgeon, he used to conduct inspection at about 7.30a.m. in the veterinary dispensaries. While inspecting the dispensaries, he had shown disrespect to Veterinary Assistant Surgeons as well as the staffs. Further he extracted the work in order to implement the scheme of supplying goats to the beneficiaries from other Veterinary Assistant Surgeons who were located away from the petitioner's office. He also issued charge memo as against 7/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 the Veterinary Assistant Surgeons for the implementation of the said scheme. The petitioner also acted with intention to wreak vengeance against the staffs. After the charge, now the petitioner hold the post of Assistant Director. There were two groups between the Veterinary Assistant Surgeons and as such there were communal bias and gender bias. The enquiry officer did not even mention about who deposed in order to prove the said allegations. The enquiry report revealed that the enquiry officer did not even enquire any doctors or staffs. On the basis of the complaint, the enquiry officer received explanation from the petitioner and submitted his enquiry report. In fact, on the 2nd show cause notice, the petitioner categorically explained each and every allegations. The 2nd respondent did not even consider explanation submitted by the petitioner without discussing about the explanation submitted by the petitioner and mechanically imposed punishment of stoppage of increment for a period of three months without cumulative effect. Unfortunately, the appellate authority and also revisionary authority and the first respondent also dismissed the appeal without passing any speaking order. Even assuming that the enquiry officer enquired the supportive witnesses, the entire report 8/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 revealed that all the allegations are bald and vague in nature and no materials available to prove the said allegations. Mere taking as against the erred officials. Some of the erred officials had sent anonymous complaint, that too without mentioning their names. On receipt of the said anonymous complaint, without even serving the copy of the complaint, the enquiry was ordered. Even in the enquiry, no one had spoken about the specific allegations as against the petitioner. Therefore, the entire disciplinary proceedings cannot be sustained as against the petitioner. 8. Therefore, the impugned order passed by the 1st and 2nd respondents are liable to be quashed. Accordingly, impugned order in Na.Ka.No.3898-L1/2015 dated 03.07.2015 passed by the 2nd respondent and first respondent are quashed. Hence, this writ petition is allowed. The respondents are directed to consider the petitioner for all further promotions and monetary benefits in accordance with law. Consequently, connected miscellaneous petitions are closed. No costs. 27.02.2024 (1/2)Index : Yes/NoInternet: Yes/No9/10 https://www.mhc.tn.gov.in/judis W.P.No.21617 of 2022 gvnG.K.ILANTHIRAIYAN,J. gvnTo1. The Secretary to Government, Government of Tamilnadu, Animal Husbandary & Veterinary Services, Secretariate, Chennai-600 009. 2. The Director, Directorate of Animal Husbandary & Veterinary, Services, No.571, Anna Salai, Nandanam, Chennai-600 035. 3.The Additional Director (Special Schemes), Directorate of Animal Husbandary & Veterinary Services, No.571, Anna Salai, Nandanam, Chennai-600 035. W.P.Nos.21617 of 2022 W.M.P.Nos.20636 & 20637 of 202227.02.2024(1/2)10/10