M.Akber Hussain v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2023 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM M.Akber Hussain ..
Petitioner vs
1. The Revenue Divisional Officer Ranipet Revenue Division Ranipet, Vellore District.
2. National Commission for Scheduled Castes 5th Floor, Lok Nayak Bhawan, Khan Market New Delhi - 110 003.
3. The Secretary to Government of Tamil Nadu Department of Labour and Employment Fort St. George Chennai - 600 009.
4. Vasuki
5. M.Chandra
6. K.Vasantha
7. D.Rajamma
8. E.Thilakavathy
9. S.Bharathi
10. M.Muniyamma
11. T.Muthammal
12. S.Vendamani
13. N.Muniyammal
14. S.Kanaga
15. P.Panjali
16. D.Sarada
17. K.Murugamma
18. A.Janakiraman ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari, calling for the records of the 1st respondent in Na.Ka.A7/1802/14 dated 23.03.2015 and quash the same. For the Petitioner : Mr.R.Dinesh for M/s Ahmad Associates For the Respondents : Mr.T.Arun Kumar Additional Government Pleader for respondent 1 No Appearance for respondent 2 Mrs.N.K.Nithilavani Central Govt. Standing Counsel for respondent 3 Mr.G.Pugazhendhi for respondents 4 to 17 Mr.P.Nagaraju for respondent 18
ORDER
The call letter for enquiry issued by the Revenue Divisional Officer in proceedings dated 23.03.215 is sought to be quashed in the present writ petition.
2. The petitioner states that he is the Managing Partner of the Extinct partnership firm namely Khizaria Leathers. There were labour disputes existing during the relevant point of time and the workmen raised industrial disputes and approached the competent authorities for the purpose of redressing their grievances. Based on the complaint / applications, the respondent Revenue Divisional Officer, Ranipet issued an enquiry notice to the petitioner asking them to produce documents, enabling the authority to conduct an enquiry.
3. Mere call letter for conducting an enquiry would not provide any cause to the writ petitioner to file a writ petition. A show cause notice or such call letters for enquiry can be challenged only if it is issued by any
competent authority having no jurisdiction or allegations of illegalities are raised, but not otherwise. In all other circumstances, the parties who receive such notice is bound to respond to the notice by producing the records by defending their case in the manner known to law and by following the procedure provided by the competent authority.
4. In the present case, the petitioner has not established any such acceptable ground for the purpose of interfering with the enquiry call letter and therefore, the petitioner is at liberty to participate in the enquiry and defend his case in the manner known to law.
5. With these directions, the writ petition is disposed of. There will be no order as to costs.
Index : Yes/No 09.03.2023 Neutral Order:Yes/No (2/2) drm
To:
1. The Revenue Divisional Officer Ranipet Revenue Division Ranipet, Vellore District.
2. National Commission for Scheduled Castes 5th Floor, Lok Nayak Bhawan, Khan Market New Delhi - 110 003.
3. The Secretary to Government of Tamil Nadu Department of Labour and Employment Fort St. George Chennai - 600 009.
S.M.SUBRAMANIAM,J.
(drm) 09.03.2023 (2/2)