The Executive Officer v. S Ravichandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No. 5935 of 2025 1.The Executive Officer, Uthayendhiram Town Panchayat, Vaniambadi Taluk, Vellore District.

2.The Enquiry Officer / Executive Officer, Oodukathur Town Panchayat, Vellore District.

... Appellants Vs.

S.Ravichandran

...Respondent

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 22.07.2024 made in W.P.No.7901 of 2021. For Appellants : Mr.R.Neelakandan Additional Advocate General For Respondents : M/s.Bala and Daisy 1/4

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) We do not see any reason to interfere with the order of the writ Court. The 1st respondent was removed from service by the proceedings impugned in the Writ Petition, where enquiry was conducted without payment of subsistence allowance and an exparte order came to be passed. Two reasons were given for the removal from service. The 1st one being suppression of his educational qualification and the 2nd one is that he was over aged.

2. The Writ Court, after perusing the documents found that there was no suppression on the part of the Employee. Though it is claimed that the employment registration card showing that he was only qualified upto 10th standard was produced at the time of appointment, we find that the said plea is evidently incorrect, since the appellants themselves have forwarded a copy of the employment card which shows that the respondent has completed his Diploma in Computer Information and Technology while answering a query under the Right to Information Act made by one Rajavelu, Honarary President of the Tamil Nadu All Government Servants Sangham. Therefore, the appellants were in possession of the employment identity card issued to the respondent showing his qualifications even at the 2/4

time of appointment. The Writ Court has also found that the controversy regarding his age is also incorrect.

3. The Writ Court had directed reinstatement of the respondent with continuity of service under the consequential benefits, upon a finding that both the charges do not survive and therefore, a denova enquiry is not required. The factual position being not disputed, we do not see any merit in the appeal. This Writ Appeal therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.M., J.) (G.A.M., J.) 12.03.2025 kkn Index: No Speaking order 3/4

R.SUBRAMANIAN, J.

and G. ARUL MURUGAN, J.

KKN To:

1.The Executive Officer, Uthayendhiram Town Panchayat, Vaniambadi Taluk, Vellore District.

2.The Enquiry Officer / Executive Officer, Oodukathur Town Panchayat, Vellore District.

and C.M.P.No. 5935 of 2025 12.03.2025 4/4