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Madras High CourtWP/8312/2024disposed of with direction

P.Sudhakarpagam v. The Additional Chief Secretary

2025-12-03Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI & WMP.Nos.9278 & 9279 of 2024 P.Sudhakarpagam ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Department of Revenue & Disaster Management, Fort St.George, Chennai - 600 009.

2.The District Collector, Chennai District, Chennai - 600 001.

3.The Director, Adi Dravidar and Tribal Welfare, Chepauk, Chennai 600 005.

4.The District Welfare Officer, District Adi Dravidar and Tribal Welfare Office, Thiruvannamalai.

... Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records pertaining to the charge memo dated 26.06.2023 issued by the 1st Respondent in letter No.43259/Sec 10(1)/2021-18, quash the same. For Petitioner :

Mr.R.Suryaprakash For Respondents :

Mr.P.Balathandayutham, Special Government Pleader

O R D E R

This Writ Petition has been filed seeking to call for the records pertaining to the charge memo dated 26.06.2023 issued by the 1st Respondent in letter No.43259/Sec 10(1)/2021-18, quash the same. 2.The learned counsel for the petitioner would submit that the petitioner was appointed as Cook, Government Adi Dravidar Welfare Girls Hostel Puthupalayam, Chengam Taluk, in the Office of the Special Tahsildar, Chengam on 31.12.2015 and completed his probation on 30.12.2017 and that his job was regularized by the fourth respondent on 31.07.2018. While that being so, on 21.10.2021, the 4th respondent issued an

order of suspension under Rule 17(e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules alleging that the petitioner prepared fake bill for the arrear amount of hill allowances and transferred a sum of Rs.4,90,657/- to his bank account fraudulently. After receipt of the said charge memo, the petitioner submitted his explanation on May 2022. Thereafter, no order was so. While that beings so, as per the G.O.(2D) No.196, Revenue and Disaster Management Department, dated 21.06.2023, impugned charge memo was issued to the petitioner by the 1st Respondent dated 23.06.2023 under Rule 17(b) on the very same allegation. Hence, the present writ petition is filed with the above said prayer. 3.The learned Special Government Pleader appearing for the respondents would submit that the charge memo passed by the fourth respondent will be kept in abeyance and will not be processed further. However, the impugned charge memo issued by the first respondent will be concluded after providing an opportunity of hearing to the petitioner.

4.In view of the statement made by the learned Special Government Pleader, the first respondent is directed to conclude the disciplinary proceedings pursuant to the impugned charge memo as against the petitioner and to pass appropriate orders, after providing an opportunity of hearing to the petitioner.

5.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. 03.12.2025 Tsg NCC: Yes / No Index : Yes / No Speaking Order : Yes / No To 1.The Additional Chief Secretary to Government, Department of Revenue & Disaster Management, Fort St.George, Chennai - 600 009.

2.The District Collector, Chennai District, Chennai - 600 001.

3.The Director, Adi Dravidar and Tribal Welfare, Chepauk, Chennai 600 005.

4.The District Welfare Officer, District Adi Dravidar and Tribal Welfare Office, Thiruvannamalai.

M.DHANDAPANI, J.

Tsg 03.12.2025