K.Chinnappan, v. The Commissioner Of Agricultural
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.18468 of 2024 and W.M.P.Nos. 20254 & 20256 of 2024 K.Chinnappan ....
Petitioner Vs
1. The Commissioner of Agricultural Production and Secretary to Government, Agriculture Farmers Welfare Department, Head Office, Chennai - 600 009.
2. The Principal Accountant General (A&E), Office of the Principal Accountant General, 361, Anna Salai, Rostrevor Garden, Teynampet, Chennai - 600 018.
3. The Chief Engineer, Agricultural Engineering, Chief Engineer Office, Nandanam, Chennai - 600 035.
4. The Executive Engineer, Agricultural Engineering, Villupuram.
....
Respondents 1/4
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in Letter No.21533/Ve.Ni.6/2022-5 dated 15.05.2023 and quash the same as illegal and direct the respondents to provide pension, pensionary benefits, Gratuity, commutation from the date of retirement with interest to the petitioner.
For Petitioner : Mr.K.Kathiresan For R1, R3 & R4 : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This Writ Petition has been filed challenging the second show cause notice dated 15.05.2023.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1, 3 & 4 and perused the materials available on record.
3. The petitioner, while he was working as Executive Engineer in the Agricultural Department, Kallakurichi, was served with charge memo in view of the registration of the FIR in Crime No.42 of 2011 for the offences under Sections 420, 464, 471 and 468 of IPC. Pursuant to the charge memo dated 22.09.2021, the petitioner submitted his explanation and the same was not satisfied and ordered for enquiry. 2/4
After completion of enquiry, the petitioner was served with a second show cause notice along with enquiry report. In fact, on receipt of the same, the petitioner also submitted his explanation. After having been submitted explanation for the second show cause notice, now the petitioner challenged the second show cause notice. On receipt of the explanation for the said show cause notice, the first respondent is about to pass final order on the enquiry report.
4. In view of the above, this Court finds no infirmity or illegality in the second show cause notice issued by the first respondent. Thus, the writ petition lacks merits and is liable to be dismissed.
5. Accordingly, this Writ Petition stands dismissed. However, the first respondent is directed to pass final orders on the enquiry report within a period of eight weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. No costs.
11.07.2024 Internet : Yes/No Index:Yes/No Speaking/Non-speaking order Lpp 3/4
G.K.ILANTHIRAIYAN, J.
Lpp To
1. The Commissioner of Agricultural Production and Secretary to Government, Agriculture Farmers Welfare Department, Head Office, Chennai - 600 009.
2. The Principal Accountant General (A&E), Office of the Principal Accountant General, 361, Anna Salai, Rostrevor Garden, Teynampet, Chennai - 600 018.
3. The Chief Engineer, Agricultural Engineering, Chief Engineer Office, Nandanam, Chennai - 600 035.
4. The Executive Engineer, Agricultural Engineering, Villupuram.
W.P.No.18468 of 2024 11.07.2024 4/4