V.A.Arul v. The Assistant Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN W.P.No.10604 of 2025 & W.M.P.Nos.11926 & 11927 of 2025 V.A.Arul ... Petitioner -VersusThe Assistant Director, Land Survey and Records Department, Ranipet - District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorari calling for the records in relation to the charge memo issued vide proceedings No.Na.Ka.No.A2/149/2023 passed by the respondent dated 02.02.2024 and quash the same.
For Petitioner : Mr.A.Tamilvanan For Respondent : Mr.S.Yashwanth, Additional Government Pleader
ORDER
The writ petition has been filed in the nature of certiorari mandamus seeking records relating to a charge memo issued in Na.Ka.No.A2/149/2023 passed by the respondent on 02.02.2024 and quash the same.
2. The petitioner is working as Sub Inspector in Land Survey and Records Department, Nemili Taluk, Arakonam in Ranipet District. Originally a charge memo was issued on 25.08.2021 consequent to registration of a FIR in Crime No.296/2021 registered by Arakonam Town Police Station on 05.07.2021 for the offences punishable under Sections 294(b), 323, 354 and 506(i) of IPC. The petitioner had given an explanation to the said charge memo. The charges were dropped by order dated 20.10.2022.
3. Yet again another complaint was lodged leading to the registration of FIR in Crime No.79/2023 for the offences punishable under Sections 294(b), 323, 324 & 506(ii) of IPC on 06.02.2023. On the basis of this particular FIR, a further charge memo was issued which is now impugned in the writ petition. This was issued under Rule 17b of the Tamil Nadu Civil Service (Disciplinary and Appeal) Rules.
4. It is contended that where the disciplinary proceedings had been initiated on the basis of a criminal case which is not connected with the discharge of official duties, the court should quash the charge memo. I am not
able to bring myself to agree to that particular contention.
5. A public servant is a public servant whether he is discharging his official duties or not discharging his official duties. He cannot take advantage of the fact that he is a public servant and go around as and how he prefers leading to allegations for commission of offence punishable under Sections 294, 323, 324 and 506(ii) of IPC. A mere registration of criminal case is sufficient for initiation of departmental proceedings.
6. The petitioner is the face of the Government insofar as his department/Land survey and Records Department at Nemili in Ranipet District is concerned. He must maintain good conduct and character. He cannot take liberty that merely he is a public servant, he can indulge in any act he wants and claim that it is not related to his official duty. The said contention is preposterous. The petitioner may answer the charge memo. I am not inclined to interfere and quash the charge memo.
7. The Writ Petition stands dismissed. No costs. Consequently, the
connected miscellaneous petitions are closed. 27.03.2025 nl Index : Yes/No Speaking order/Non speaking order C.V.KARTHIKEYAN, J.
nl To The Assistant Director, Land Survey and Records Department, Ranipet - District.
27.03.2025