K.Kalaivani v. The Disciplinary Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.NO.14828 OF 2021 K.Kalaivani .. Petitioner Vs

1. The Disciplinary Authority Principal District Judge Kancheepuram at Chengalpet.

2. The Inquiry Officer District Munsif, Madurantakam Chengalpet District.

3. The Principal District Munsif Kancheepuram.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records of the 1st respondent in order A.No.550/2018 D.No.2099/A/2020 dated 13.5.2020 of the 1st Respondent and the consequential order in D.No.241/2020 dated 27.5.2020 of the 3rd respondent and quash the said orders and to direct the respondents to reinstate the petitioner service with all attendant service benefits.

For Petitioner : Mr.P.Chandrasekar For Respondents : Mr.B.Vijay

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition is utterly misconceived and even contrary to the leave granted by an order dated February 22, 2021 passed on a previous petition of this erstwhile employee in the district judiciary.

2. The earlier petition, W.P.No.16915 of 2020, was disposed of without going into the merits of the matter with the observation that the writ petitioner had not availed of the opportunity to prefer an appeal and had directly approached the writ court. At the second paragraph of the order dated February 22, 2021, the petitioner was permitted to prefer an appeal within a fortnight, whereupon, the Registrar-General was required to place the matter for an appellate authority to be constituted.

3. Instead of following such course of action as clearly spelt out in the previous order, this further, frivolous writ petition has been instituted.

4. Since the earlier writ petition was disposed of without going into the merits of the matter on the ground that the petitioner had not availed of the appellate remedy, the present writ petition is also disposed of without going into the merits. However, in the event the appeal that may have been preferred by the petitioner is barred by time, the petitioner will have only herself to blame.

5. W.P.No.14828 of 2021 is disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.15700 and 15702 of 2021 are closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar bbr To:

1. The Disciplinary Authority Principal District Judge Kancheepuram at Chengalpet.

2. The Inquiry Officer District Munsif, Madurantakam Chengalpet District.

3. The Principal District Munsif Kancheepuram.

Copy To

1. The Registrar General, High Court, Madras - 104.

2. The Section Officer, Legal Cell, Madras - 104. +1cc to Mr.P.Chandrasekar, Advocate SR.No.349024 W.P.No.14828 of 2021 MG(CO) RLP(26/07/2021)