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Madras High CourtWP/3646/2026disposed of with direction

R.Sumanraj v. The Secretary

2026-02-11Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2026

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI R.Sumanraj Petitioner Vs

1. The Secretary Co-operation, Food and Consumer Protection Department, Secretariat, Chennai 600 009.

2.The Director Civil Supplies and Consumer Protection Department, Chennai 600 005.

3.S.Shantha Deputy Commissioner 1, O/o. The Director of Civil Supplies and Consumer Protection Department, Chennai 600 005.

4.L.Mala Assistant Commissioner, Civil Supplies and Consumer Protection Department, No.1, Erikarai Street, Adambakkam, Chennai 600 088.

Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents to permit petitioner to discharge the petitioner duties at the St. Thomas Mount Zone, to allow petitioner to sign the attendance register without obstruction to protect petitioner from any form of administrative harassment or coercion and to appoint an enquiry officer to conduct a detailed enquiry and to take disciplinary action against 3rd and 4th respondents within a time limit. For Petitioner : Mr. V. Shanmuga Sundar For Respondents: Mr.M. Muthusamy Govt. Advocate for R1 Mr.C. Selvaraj Addl. Govt. Pleader for R2

ORDER

Mr.M. Muthusamy, learned Government Advocate, takes notice for the 1st respondent and Mr.C. Selvaraj, learned Additional Government Pleader, takes notice for the 2nd respondent. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking a direction to permit him to join duty at the transferred/deputed place viz., Office of the Assistant Commissioner, St. Thomas Mount Zone, and to forbear the respondents from preventing him from discharging his official duties without conducting any enquiry.

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3. It is stated that the petitioner is working as Technical Supervisor in the Office of the Director of Civil Supplies and Consumer Protection Department, Chennai - 05, was posted on deputation to the Office of the Assistant Commissioner, St. Thomas Mount Zone, vide order dated 03.12.2025 and he reported and joined duty on 05.12.2025 (F.N.). Thereafter, he availed Earned Leave in two spells. It is the grievance of the petitioner that while joining duty again, the respondents has not permitted him to discharge his work and due to which, he has not been permitted to sign the attendance register. Subsequent to the aforesaid denial, he submitted representations before the respondents, which remain unconsidered. It is the case of the petitioner that due to harassment and administrative pressure given by the respondents, he felt sick and in such circumstances, he submitted an application for Medical Leave from 19.01.2026 to 13.02.2026. When that being the position, he approached this Court by filing this writ petition seeking appropriate directions.

4. Learned counsel for the petitioner submitted that the petitioner is willing to join duty on 16.02.2026 at the transferred place i.e., before the 4th respondent. Due to continuous harassment, the petitioner was unable to attend office. Therefore, this Court may issue suitable directions to the respondents to permit the petitioner to join duty on 16.02.2026 and allow the petitioner to sign 3/6

the attendance Register. Further, he prayed that this Court may issue directions to the respondents to conduct an enquiry with regard to the issue of harassment.

5. Learned Government Advocate appearing for the 2nd respondent submitted that due to petitioner's irregular attendance, unauthorized absence, and failure to follow official procedures issued by the respondents, the respondents acted in an official way, that too in a proper manner. Further, he placed the written instructions given by the respondents with regard to the issue on hand before this Court and submitted that the petitioner failed to perform the work assigned to him by the respondents, i.e., assignment of work with regard to monitoring of control room duty on a specified task on 11.01.2026, which resulted in dereliction of duty. He further submitted that the medical leave application given by the petitioner was not in proper form. However, there is no illegal prohibition as alleged by the petitioner and this Court may issue appropriate directions in the above regard to the 4th respondent.

6. Heard the learned counsel on either side and perused the materials placed on record.

7. Accordingly, this writ petition is disposed of, by directing the 4th respondent to permit the petitioner to join duty at the Office of the Assistant Commissioner, St. Thomas Mount Zone, on 16.02.2026, as well as allow him to 4/6

sign the attendance register and discharge his duties in accordance with law. It is made clear that this order will not preclude the respondents from initiating appropriate disciplinary proceedings for petitioner's dereliction of duty or unauthorised absence, in the manner known to law. No costs. 11.02.2026 Index:Yes/No Speaking/Non-speaking order vsi2 To

1. The Secretary Co-operation, Food and Consumer Protection Department, Secretariat, Chennai 09 2.The Director Civil Supplies and Consumer Protection Department, Chennai 600 005.

3.S.Shantha Deputy Commissioner 1, O/o. The Director of Civil Supplies and Consumer Protection Department, Chennai 600 005.

4.L.Mala Assistant Commissioner, Civil Supplies and Consumer Protection Department, No.1, Erikarai Street, Adambakkam, Chennai 600 088.

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M.DHANDAPANI, J.

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