← Library
Madras High CourtWP/12076/2026allowed

K.Udaya Kumar v. The State Of Tamil Nadu

2026-04-02Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA K.Udaya Kumar S/o. Kangayan, Driver (On Medical Leave), Range IV, Arighar Anna Zoological Park, Vandalur, Chennai-600 048 ..Petitioner(s) Vs

1. The State Of Tamil Nadu Rep. By its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai.

2. the Principal Chief Conservator of Forest Head Of the Department, Guindy Vellachery Main road, Near Kannigapuram Check Post, Guindy, Chennai-32

3. The Director and Additional Principal Chief Conservator of Forest, Arighar Anna zoological Park, Vandalur, Chennai-600 048 ..Respondent(s) Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the Respondents to conclude and finalize the disciplinary proceedings initiated under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules pursuant to proceedings Na.Ka.No.P1/2330/2022 dated 03.01.2025 within a time frame to be fixed by this Court and consequently permit the petitioner to retire from service on 30.01.2025 with all attendant and monetary benefits.

For Petitioner(s):

T.Dharani M. Sarathkumar A. Reegan Ujakar P. Santhosh For Respondent(s):

Dr.T.Seenivasan, Spl.Gp for RR 1 to 3 Order (1) The present writ petition is filed seeking a mandamus, to direct the respondents to conclude the disciplinary proceedings initiated under Rule 17[b] of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, pursuant to proceedings Na.Ka.No.P1/2330/2022 dated 03.01.2025, within a time frame to be fixed by this Court and consequently permit the petitioner to retire from service on 30.01.2025 with all attendant and monetary benefits.

(2) Dr.T.Seenivasan, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 3.

(3) With the consent of both the learned counsels, the writ petition is taken up for final disposal.

(4) The case of the petitioner is that, while working in the capacity as Driver in Arignar Anna Zoological Park, Vandalur, he suffered ''disc Desiccation from L1 to L5 with existing nerve root compression'' and owing to the said medical condition, he applied for medical leave from time to time. In the interregnum, the petitioner sent a representation to

the Deputy Director of the Zoological Park, requesting retention in the present place of posting. Since no orders were passed on the said representation, the petitioner filed WP.No.32555/023 before this Court and the same is pending. Further, the petitioner sent another representation on 27.09.2025, to the 1st respondent, inter alia reiterating the averments/contentions raised in the earlier representation dated 25.01.2023 and to retain him in the present station on medical grounds. The petitioner further states that he attained the age of superannuation on 31.01.2025, however, disciplinary proceedings were initiated against him under Rule 17[a] of the Tamil Nadu Civil Services [D&A] Rules, vide proceedings dated 13.01.2023, alleging unauthorised absence from duty.

The said disciplinary proceedings were concluded and the petitioner was imposed with the punishment of stoppage of increment for a period of six months with cumulative effect and the said order of punishment also attained finality. While so, the respondents again initiated fresh disciplinary proceedings against the petitioner under Rule 17[b] of the said Rules, vide proceedings dated 03.01.2025 on the very same set of allegation and an Enquiry Officer was appointed to conduct a detailed enquiry into the charges framed against the petitioner. The Enquiry Officer, vide his Report dated 20.02.2025, held that the ''charges were not proved''. Despite the Report of the Enquiry Officer, no final orders have been passed by the Disciplinary Authority till date.

petitioner was constrained to approach this Court by filing the above writ petition for the aforesaid relief.

(5) The learned counsel for the petitioner submitted that the initiation of disciplinary proceedings on the very same cause of action, after conclusion of the earlier proceedings and imposition of punishment, is unsustainable and arbitrary. The learned counsel further submitted that though the Enquiry Officer submitted his Report as early as on 20.02.2025, no final orders have been passed by the Disciplinary Authority even after a lapse of one year and prayed for appropriate orders.

(6) Heard the learned Special Government Pleader appearing for the respondents and perused the materials placed on record. (7) Though the petitioner has prayed for a larger relief, considering the facts and circumstances of the case and without going into the merits of the case, this Court directs the respondents to conclude and finalize the disciplinary proceedings initiated against the petitioner under Rule 17[b], vide proceedings dated 03.01.2025, within a period of one month from the date of receipt of a copy of this order and communicate the decision taken, the petitioner herein.

(8) The writ petition is disposed of accordingly. No costs. 02-04-2026

Index: Yes/No Speaking/Non-speaking order AP TO

1. TheSecretary to Government, State Of Tamil Nadu Environment and Forest Department, Fort St. George, Chennai.

2. the Principal Chief Conservator of Forest Head Of the Department, Guindy Vellachery Main road, Near Kannigapuram Check Post, Guindy, Chennai-32

3. The Director and Additional Principal Chief Conservator of Forest, Arighar Anna zoological Park, Vandalur, Chennai-600 048

P.T.ASHA J.

AP 02-04-2026