K.Bharathi v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Writ Petition No.36801 of 2015 K.Bharathi

...Petitioner

Vs 1.The Principal Secretary, Tourism, Culture and Endowment Department, Fort St.George, Chennai - 9.

2.The Commissioner, Arts and Culture Department, Egmore, Chennai - 600 008.

3.The Joint Director, Arts and Culture Department, Egmore, Chennai.

4.Manokaran Natarajan, Principal (incharge) Government College of Fine Arts, Kumbakonam - 2.

5.V.S.D Arularasan, Senior Lecturer, Government College of Fine Arts, Kumbakonam - 2.

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6.B.R.Ravi, Lecturer, Government College of Fine Arts, Kumbakonam - 2 7.N.Pugazhendhi, Studio Keeper, Government College of Fine Arts, Kumbakonam - 2 ... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents 1 and 2 to take appropriate action on the representation of the petitioner dated 23.10.2015 against the respondents 4 to 7 based on G.O.Ms.No.29 P & AR Department, dated 23.02.2012 and Rule 17(e) (2) (ii) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and other relevant provisions forthwith. For Petitioners : Mr.C.Prabakaran For Respondents : Mr.V.Nammavan Additional Government Pleader for R1 to R3

O R D E R

This writ petition has been filed seeking a writ of Mandamus directing the respondents 1 and 2 to take appropriate action on the representation of the petitioner dated 23.10.2015 submitted to take 2/5

disciplinary action against the respondents 4 to 7. From the perusal of the material on record and the counter affidavit, it is noticed that on the same allegation, the petitioner also made a police complaint with Swamimalai Police Station and the same was registered as Crime No.315 of 2015 for the offences under Sections 352, 392, 506(i) of IPC and after conducting an enquiry, the said complaint was found to be closed as "Mistake of Fact" on 27.07.2015. The allegation made in the said police complaint as well as in the representation are almost identical. Further taking into consideration, the petitioner is no more working in the place of the respondents 4 to 7, the cause of action does not arise to consider the said representation submitted by the petitioner. Accordingly, this Writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 25.06.2025 Index : Yes/No Speaking order:Yes/No ub 3/5

To 1.The Tamil Nadu Electricity Board, Rep. by its Chairman, No.800, Anna Salai, Chennai.

2.The Chief Engineer (Personnel) TNEB, No.800, Anna Salai, Chennai.

3.The Superintendent Engineer, TNEB,Government Hospital Road, Erode.

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MUMMINENI SUDHEER KUMAR, J.

ub W.P.No.3551 of 2009 25.06.2025 5/5