Tamil Nadu Town Panchayat v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.9270 of 2025 M/s.Tamil Nadu Town Panchayat Retired Officers Welfare Association, Rep. by its State Secretary, R.Periyasamy, .. Petitioner
Versus
1. The State of Tamil Nadu, Rep. by the Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.
2. The Commissioner, Commissionerate of Town Panchayats, 7th & 8th Floor, Urban Administrative Building, 75, Santhome High Road, R.A.Puram, Chennai - 600 028.
3. The Joint Director, Commissionerate of Town Panchayats, 1/7
7th & 8th Floor, Urban Administrative Building, 75, Santhome High Road, R.A.Puram, Chennai - 600 028.
4. The District Collector, Collectorate, GST Road, Chengalpattu, Tamil Nadu - 603 001.
5. The Special Director, Directorate of Local Fund Audit, Perasiriyar K. Anbazhagan Maligai, 4th Floor, Nandanam, Chennai - 600 035.
6. Latha, The Assistant Director, Town Panchayats, Collectorate Campus, Vandavasi Road, Kanchipuram, Tamil Nadu - 631 501.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the official respondents 1 to 3, to initiate and complete enquiry against the 6th respondent pursuant to proceeding of 3rd respondent in Na.Ka.No.15677/2024/Uu5, dated 24.12.2024, by framing departmental charges, within a time frame, in the manner known to law, relating all illegalities, misdoings for unlawful gain and submit the report before this Court.
For Petitioner : Mr.C.Johnson For Respondents : Mr.M.Murali, Government Advocate, for RR-1 to 5 2/7
ORDER
This Writ Petition is filed with a prayer in the nature of mandamus directing the official respondent Nos.1 to 3 to initiate and complete enquiry against the sixth respondent pursuant to the proceedings, dated 24.12.2024 by framing departmental charges within the time frame.
2. The petitioner is an association of retired officers and it is their case that on their behalf, they have already sent a representation pointing out to several misconducts. It is now settled law that initiation of disciplinary proceedings is within the domain of the employer and merely because somebody has sent a complaint, that does not give rise to any concomitant right to come by way of mandamus compelling the employer to initiate disciplinary action. It is for the employer to initiate appropriate disciplinary action.
3. This apart, Mr.M.Murali, the learned Government Advocate, taking 3/7
notice on behalf of the respondent Nos.1 to 5, on instructions, submits that the said representation is being considered and certain other particulars are also called for. Depending on the same, a decision will be taken and appropriate action will be taken.
4. Recording the same, this Writ Petition is disposed of. If it is the contention of the petitioner that any criminal offence has taken place, it will be very well open to the petitioner to file a private complaint as well as to move the Vigilance Commission. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 12.03.2025 : no grs To
1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.
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2. The Commissioner, Commissionerate of Town Panchayats, 7th & 8th Floor, Urban Administrative Building, 75, Santhome High Road, R.A.Puram, Chennai - 600 028.
3. The Joint Director, Commissionerate of Town Panchayats, 7th & 8th Floor, Urban Administrative Building, 75, Santhome High Road, R.A.Puram, Chennai - 600 028.
4. The District Collector, Collectorate, GST Road, Chengalpattu, Tamil Nadu - 603 001.
5. The Special Director, Directorate of Local Fund Audit, Perasiriyar K. Anbazhagan Maligai, 4th Floor, Nandanam, Chennai - 600 035.
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D.BHARATHA CHAKRAVARTHY, J.
grs and W.M.P.No.9270 of 2025 6/7
12.03.2025 7/7