High Court · 2025

1 W.A.(MD)NO.1750 OF 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025CORAMTHE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN ANDTHE HON'BLE MR.JUSTICE K.RAJASEKARW.A.(MD)Nos.1750, 1751 & 1894 of 2025 ANDC.M.P.(MD)Nos.9775, 9776 & 10874 of 2025W.A.(MD)No.1750 of 20251. The Principal Secretary to Government of Tamil Nadu, Department of Rural Development of Panchayat Raj, Secretariat, Chennai – 600 009. 2. The Principal Secretary to Government of Tamil Nadu, Department of Health and Family Welfare, Secretariat, Chennai. 3. The Director of Vigilance and Anti Corruption, Chennai. 4. The Director of Social Welfare, Chennai. 5. The District Collector, Pudukkottai. ... Appellants/Respondents 1 to 5Vs.1. K.S.Rajmohan2. R.Chellakannu3. K.Bashyam4. K.Pannerselvam5. S.Mathiyalagan6. V.Udayakumari1/11 https://www.mhc.tn.gov.in/judis 2 W.A.(MD)NO.1750 OF 20257. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Pudukottai. ... 7th Respondent/6th Respondent 8. The Inspector of Police, Vigilance and Anti Corruption, Pudukottai. ... 8th Respondent/ 7th Respondent 8. Ganesh, Director of Statistics Department, Secretariat, Chennai. 10.Muthu11.Anbanandam12.Peter, Inspector of Police, Vigilance and Anti Corruption Wing, Pudukottai. 13. Tamil Selvi14.Amutha15.Saranya16.Muthulakshmi17.Ambika18.Mahalakshmi19.Shanmugapriya20.Nithiyapriya21.Manimekalai22.Karthika23.Madhubala24.Vinodhini25.Kavitha26.Sumathi27.Uma Makeshwari28.Kavitha29.Rajamani2/11 https://www.mhc.tn.gov.in/judis 3 W.A.(MD)NO.1750 OF 202530.Sathya31.Sudha... Respondents 9 to 31/ Respondents 8 to 30 Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in W.P.(MD)No.27941 of 2023 dated 03.06.2024. For Appellants: Mr.N.Satheesh Kumar, Additional Government Pleader. For R-1 to R-6: Mr.P.Ganapathy SubramanianFor R-10: Mr.Mohamed Imran, for M/s.Ajmal Associates. For R-26: Mr.N.Balakrishnan,For R-11: Mr.M.RajarajanFor R-27&R-28 : Mr.M.Suresh * * * W.A.(MD)No.1751 of 2025 1. The Principal Secretary to Government of Tamil Nadu, Department of Rural Development of Panchayat Raj, Secretariat, Chennai – 600 009. 2. The Principal Secretary to Government of Tamil Nadu, Department of Health and Family Welfare, Secretariat, Chennai. 3. The Director of Vigilance and Anti Corruption, Chennai. 4. The Director of Social Welfare,3/11 https://www.mhc.tn.gov.in/judis 4 W.A.(MD)NO.1750 OF 2025 Chennai. 5. The District Collector, Pudukkottai. 6. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Pudukottai. 7. The Inspector of Police, Vigilance and Anti Corruption, Pudukottai. ... Appellants/Respondents 1 to 7Vs.1. D.Gopalakrishnan... 1st Respondent / Writ petitioner 2. Ganesh, Director of Statistics Department, Secretariat, Chennai. 3. Muthu4. Anbanandam5. Peter, Inspector of Police, Vigilance and Anti Corruption Wing, Pudukottai. 6. Tamil Selvi7. Manimekalai8. Karthika9. Sumathi10.Uma Makeshwari11.Kavitha... Respondents 2 to 11/ Respondents 8 to 17 4/11 https://www.mhc.tn.gov.in/judis 5 W.A.(MD)NO.1750 OF 2025Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in W.P.(MD)No.11406 of 2023 dated 03.06.2024. For Appellants: Mr.N.Satheesh Kumar, Additional Government Pleader. For R-9: Mr.N.BalakrishnanFor R-4: Mr.M.RajarajanFor R-3: Mr.Mohamed Imran, for M/s.Ajmal Associates. For R-10&R-11: Mr.M.Suresh * * * W.A.(MD)No.1894 of 2025 1. The Principal Secretary to Government of Tamil Nadu, Department of Rural Development of Panchayat Raj, Secretariat, Chennai – 600 009. 2. The Principal Secretary to Government of Tamil Nadu, Department of Health and Family Welfare, Secretariat, Chennai. 3. The Principal Secretary to Government of Tamil Nadu, Department of Rural Development of Panchayat Raj, Secretariat, Chennai. 4. The Director of Vigilance and Anti Corruption, Chennai. 5. The Director of Elementary Education, Chennai. 5/11 https://www.mhc.tn.gov.in/judis 6 W.A.(MD)NO.1750 OF 20256. The Director of Social Welfare, Chennai. 7. The District Collector, Pudukkottai. 8. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Pudukottai. 9. The Inspector of Police, Vigilance and Anti Corruption, Pudukottai. ... Appellants/Respondents 1 to 9Vs.1. Senguttuvan2. Ponnazhagu... Respondents 1 & 2 / Writ petitioners 3. Ganesh, Director of Statistics Department, Secretariat, Chennai. 4. Muthu5. Anbanandam6. Peter, Inspector of Police, Vigilance and Anti Corruption Wing, Pudukottai. 7. Tamil Selvi8. Sathya9. Sudha... Respondents 3 to 9/ Respondents 10 to 16 6/11 https://www.mhc.tn.gov.in/judis 7 W.A.(MD)NO.1750 OF 2025Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the common order dated 03.06.2024 in W.P.(MD)No.26144 of 2023 on the file of this Court. For Appellants: Mr.C.Venkatesh Kumar, Special Government Pleader. For R-1 & R-2: Mr.K.LoganathanFor R-4: Mr.Mohamed Imran, for M/s.Ajmal Associates. For R-5: Mr.M.Rajarajan * * * C O M M O N J U D G M E N T(Order of the Court was delivered by G.R.SWAMINATHAN, J.)Heard both sides. 2. The Government has filed these writ appeals against the order dated 03.06.2024 passed by the learned single Judge allowing W.P.(MD)Nos.27941, 27942, 26144 of 2023 and 11406 of 2024. 3. The writ petitioners are working as either Block Education Officers or as Block Development Officers. The cause of action pertains to the year 2017. The writ petitioners were part of the interview committee which selected candidates for the post of noon meal organizers. Subsequently, it turned out that out of 131, 24 7/11 https://www.mhc.tn.gov.in/judis 8 W.A.(MD)NO.1750 OF 2025candidates did not satisfy the distance norms. In this regard, Crime No.2 of 2020 was registered on the file of the Vigilance and Anti Corruption Wing, Pudukottai. The writ petitioners were placed under suspension and retained in service when they reached the age of superannuation. They were also summoned by the Tribunal for Disciplinary Proceedings. Challenging the same, the aforesaid writ petitions have been filed. 4. The learned single Judge vide order dated 03.06.2024 quashed the summons issued by the Tribunal for Disciplinary Proceedings and allowed the writ petitions. 5. The question that calls for consideration is whether the order of the learned single Judge deserves to be interfered with. 6. The learned Additional Government Pleader demonstrated that there was manipulation in the records finalised by the selection committee to which the writ petitioners were parties. In fact, in normal circumstances, we would have set aside the impugned order and directed the writ petitioners to face enquiry. But there are 8/11 https://www.mhc.tn.gov.in/judis 9 W.A.(MD)NO.1750 OF 2025reasons why we have decided not to interfere with the order of the learned single Judge. We went through the final report filed by the Inspector of Police, Vigilance and Anti Corruption Wing, Pudukottai. It is seen therefrom that there was no concrete evidence to prove the violation of the distance norms set out in G.O.Ms.No.163 Social Welfare and Nutritious Meal Programme Department dated 18.08.2010 and that is why, instead of taking the criminal prosecution to its logical conclusion, further action was dropped and instead, recommendation was made for conducting enquiry by the Tribunal for Disciplinary Proceedings. 7. It is seen that apart from the writ petitioners, a medical officer was also a part of the selection committee and he had also signed the tabulated statements. He has not been arrayed as one of the respondents by the Tribunal. Charges framed against the writ petitioners are also vague. The so-called ineligible candidates are still in service. If really, their selection was illegal, then they should have been terminated from service. The learned counsel for the appellants admitted that the appointees are still in service. When the appointments have not been disturbed, we fail to understand as to 9/11 https://www.mhc.tn.gov.in/judis 10 W.A.(MD)NO.1750 OF 2025how the persons who were parties to the appointment process can be directed to face the enquiry. Hence, we dismiss these writ appeals. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 28th July 2025NCC : Yes / NoIndex : Yes / NoInternet : Yes/ NoPMUTo:1. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Pudukottai. 2. The Inspector of Police, Vigilance and Anti Corruption, Pudukottai. 10/11 https://www.mhc.tn.gov.in/judis 11 W.A.(MD)NO.1750 OF 2025G.R.SWAMINATHAN,J.AND K.RAJASEKAR, J.PMUW.A.(MD)Nos.1750, 1751 & 1894 of 202528.07.202511/11