W.Jenifer Pusphlatha v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7032 of 2017 and W.M.P.Nos.7661 & 7662 of 2017 W.Jennifer Pusphlatha ... Petitioner Vs.
1. The Secretary to Government, Social Welfare and Nutritious Meal Programme, Fort St. George, Chennai - 600 009.
2. The Commissioner, Commissionarate of Social Welfare, II Floor, Old Corporation Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai - 600 009.
3. Director cum Mission Director, Integrated Child Development Scheme (ICDS), No.1, Pammal Nalla Thambi Street, Taramani, Chennai - 600 113.
4. District Programme Officer, Integrated Child Development Scheme, Corporation School Campus, Olympus, Ramanathapuram, Coimbatore - 641 045.
5. District Treasury Officer, Coimbatore District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of CERTIORARI, to call for the records relating to the impugned order passed by the first respondent herein in his proceedings G.O.(Pa).No.80 (Social Welfare & Nutritious Food Program (Sa.Na) Department) dated 30.03.2016 and the consequential order passed by the third respondent herein in his proceedings Na.Ka.No.11899/E3-1/2005 dated 07.03.2017 and quash the same.
For Petitioner : Mr.G.Bala For Respondents : Mr.K.Dhananjeyan Special Government Pleader
O R D E R
Heard Mr.G.Bala, learned counsel appearing for the petitioner and Mr.K.Dhananjeyan, learned Special Government Pleader appearing for the respondents. With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage.
2. The final order passed in the disciplinary proceedings imposing the punishment of recovery as well as the consequential order passed to recover the amount in instalments, are under challenge in this Writ Petition.
3. Though the Writ Petition is filed with a substantial prayer, the learned counsel appearing for the writ petitioner restricted the prayer to the extent that the Review Petition filed by writ petitioner challenging the principal order before the first respondent, is yet to be considered and it is suffice to issue directions to pass orders on the Review Petition and liberty may be granted to the petitioner to raise all the grounds raised in this Writ Petition before the authorities concerned.
4. In view of the submissions made by the learned counsel appearing for the petitioner, the first respondent is directed to consider the Review Petition filed by the writ petitioner on dated 11th July, 2016 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
The Writ Petition is disposed of accordingly. No costs. Connected MPs are closed Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rpa
To
1. The Secretary to Government, Social Welfare and Nutritious Meal Programme, Fort St. George, Chennai - 600 009.
2. The Commissioner, Commissionarate of Social Welfare, II Floor, Old Corporation Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai - 600 009.
3. Director cum Mission Director, Integrated Child Development Scheme (ICDS), No.1, Pammal Nalla Thambi Street, Taramani, Chennai - 600 113.
4. District Programme Officer, Integrated Child Development Scheme, Corporation School Campus, Olympus, Ramanathapuram, Coimbatore - 641 045.
5. District Treasury Officer, Coimbatore District.
+1cc to Mr.G.Bala & Daisy, Advocate, S.R.No.47985 +1cc to the Government Pleader, S.R.No.48971 W.P.No.7032 of 2017 MP(CO) CS/02/08/17