High Court · 2025

W.P.No. 36443 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 25.09.2025 CORAMTHE HONOURABLE Mr. JUSTICE A.D. JAGADISH CHANDIRAW.P.No. 36443 of 2025&W.M.P.Nos. 40725, 40726 & 40728 of 2025A.N.LavanyaPetitionerVs.1.The State of Tamil NaduRep. by Additional Chief Secretary to the GovernmentRevenue and Disaster Management Department,Secretariat, St George Fort,Chenani 600 0092.The Additional Chief Secretary / Commissioner of Revenue AdministrationCommissionerate of Revenue Administration and Disaster Management Ezhilagam,Chepauk Chennai 600 0051/10 https://www.mhc.tn.gov.in/judis W.P.No. 36443 of 20253.S.H. Sheik MohideenDistrict Revenue Officer / General ManagerTamil Nadu Water Supply and Drainage Board Chennai ...RespondentsWrit Petition is filed under Article 226 of the Constitution of India, seeking writ of certiorarified mandamus, calling for records pertaining to the impugned charge memo with Ref No. 9172/Ser.2(2) / 2023-1 dated 21.07.2023 issued by the 1st respondent and to quash the same and all further proceedings and consequently direct the respondents 1 and 2 to include the petitioner's name in the panel for the promotion of the post of District Revenue Officer for the year 2025 - 2026 without reference to the impugned charge memo with Ref No. 9172/Ser.2(2)/2023-1 dated 21.07.2023 issued by the 1st respondent.For petitioner:Mr. Om PrakashSenior AdvocateFor Mr. T.Balaji For respondents:Mr. S.Yashwanth Additional Government Pleader.2/10 https://www.mhc.tn.gov.in/judis W.P.No. 36443 of 2025ORDERThis writ petition is filed for the relief of a certiorarified mandamus calling for records pertaining to the impugned charge memo with Ref No. 9172/Ser.2(2) / 2023-1 dated 21.07.2023 issued by the 1st respondent and to quash the same and all further proceedings and consequently, direct the respondents 1 and 2 to include the petitioner's name in the panel for the promotion of the post of District Revenue Officer for the year 2025-2026 without reference to the impugned charge memo with Ref No. 9172/Ser.2(2)/2023-1 dated 21.07.2023 issued by the 1st respondent.2.The case of the petitioner is that on successfully clearing the Group I Examination, she was appointed as an Assistant Commissioner (Commercial Taxes) in the month of November, 2016 and was deputed to the Moor Mavel Assessment Circle, Chennai from 03.11.2016 to 09.11.2017; she commenced her training as a Deputy Collector at Tuticorin from 17.11.2017 to 26.01.2019; on completion of 3/10 https://www.mhc.tn.gov.in/judis W.P.No. 36443 of 2025the training period, she was posted as a Deputy Collector / District Backward Classes and Minorities Welfare Officer, Tiruvannamalai from 27.01.2019 to 05.06.2020; subsequently, she was posted as a Revenue Divisional Officer, Ambattur (Central), Chennai from 24.06.2020 to 20.02.2022 and later, she served as a Personal Assistant (General) to the District Collector, Chennai, from 12.08.2022 to 20.06.2023; thereafter, she was posted as a Deputy Collector, Tenkasi District from 22.06.2023 where she served till 11.08.2025; at present, she is awaiting posting orders, having been put on wait.3.The further case of the petitioner is that while she was working as Revenue Divisional Officer, Chennai Central Division, Chennai, she heard and rejected an appeal filed by the Executive Engineer and Administrative Officer, Anna Nagar Division, Tamil Nadu Housing Board, Chennai, which is appeal filed under Section 12 of the Tamil Nadu Patta Passbook Act, 1983, vide order dated 02.02.2021, with an observation to approach the competent Civil Court as there were solid cloud over the title, multiple claims on the title by 4/10 https://www.mhc.tn.gov.in/judis W.P.No. 36443 of 2025various parties and multiple writ petitions and proceedings were pending; while so, with a delay of 29 months, she received a charge memo dated 21.07.2023 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, 1955, issued by the second respondent and the charges are extracted hereinbelow:“(i)Failed to examine the documents furnished by the Tamil Nadu Housing Board and caused loss to the Government an amount of Rs.125 Crores for rejecting patta transfer appeal.(ii)Forgetting the duty of a responsible Officer and working for a personal gain, by engaging in a fraudulent activities.(iii)Causing embarrassment to the Government and destruction of faith of the public in the functioning of the Government machinery.(iv)Failed to maintain absolute integrity and devotion to duty and acted in a manner which is unbecoming of a Government servant and violated Rule 20 (1) of the Tamil Nadu Government Servants Conduct Rules, 1973.”in response, she sent a detailed explanation to the said charge memo to the second respondent as early as on 16.08.2023; however, after a lapse of 2 years, i.e., on 20.08.2025, the first respondent has appointed the third respondent as an Enquiry Officer to enquire into the charges framed against her.4.The petitioner's main plank of contention is that when she 5/10 https://www.mhc.tn.gov.in/judis W.P.No. 36443 of 2025has passed the alleged erroneous order dated 02.02.2021 only by following the due process of law, the impugned charge memo dated 21.07.2023 which is passed after a period of 29 months from the date of her order dated 02.02.2021 is unsustainable in law and it has been issued only to prevent her from being considered for promotion.5.Though several grounds have been urged by Mr.Om Prakash, learned Senior Counsel attacking the charge memo, he ultimately confined his submissions for issuance of a direction to the respondents 1 and 2 to include the name of the petitioner in the promotion panel which has not been done citing the reason of pendency of disciplinary proceedings.6.Per contra, Mr. S.Yashwanth, learned Additional Government Pleader, submitted that the crucial date for drawing the panel was 01.04.2024 and the impugned charge memo was issued on 21.07.2023 itself and if the petitioner was aggrieved by the impugned charge memo, she should have challenged it at the earliest point of time 6/10 https://www.mhc.tn.gov.in/judis W.P.No. 36443 of 2025and not at this distance of time when Enquiry Officer has already been appointed to enquire into the charges levelled against her.7.As a riposte, learned Senior Counsel for the petitioner submitted that it would suffice if a direction is issued to the third respondent to complete the enquiry, within a time frame.8.In view of the above submissions made on either side, without going into the merits of the matter, a direction is issued to the third respondent to complete the enquiry in charge memo in Ref No. 9172/Ser.2(2) / 2023-1 dated 21.07.2023 issued by the first respondent, within a period of 2 weeks from the date of receipt of a copy of this order. The petitioner is at liberty to raise all the grounds before the third respondent / the Enquiry Officer. 9.With the above direction and observation, this writ petition 7/10 https://www.mhc.tn.gov.in/judis W.P.No. 36443 of 2025is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 25.09.2025 Index: Yes/Nokan/cad8/10 https://www.mhc.tn.gov.in/judis W.P.No. 36443 of 2025To1.The Additional Chief Secretary to the GovernmentRevenue and Disaster Management Department, Government of Tamil NaduSecretariatSt George FortChenani 600 0092.The Additional Chief Secretary / Commissioner of Revenue AdministrationCommissionerate of Revenue Administration and Disaster Management EzhilagamChepauk Chennai 600 0053.S.H. Sheik MohideenDistrict Revenue Officer / General Manager, Tamil Nadu Water Supply and Drainage Board Chennai 9/10 https://www.mhc.tn.gov.in/judis W.P.No. 36443 of 2025A. D. JAGADISH CHANDIRA, J. kan/cadW.P.No. 36443 of 202525.09.202510/10