P.K.Arulprakasam v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN AND WMP NOS.13795 AND 13796 OF 2025 P.K.Arulprakasam ...
Petitioner VS.
1.The Secretary to Government Adi-Dravidar and Tribal Welfare Department Fort St. George, Chennai - 600 009.
2.The Commissioner Adi-Dravidar Welfare Chepauk, Chennai - 5.
3.The District Adi-Dravidar and Tribal Welfare Officer Villupuram District, Villupuram.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the second respondent in Na.Ka.No.E4/33342/2021 dated 24.03.2025 and the orders of the third 1/4
respondent in Na.Ka.M6/2885/2023 dated 24.03.2025 and quash the same and consequently forbear the respondents 2 and 3 from implementing the order of punishment of compulsory retirement passed by the second respondent in Na.Ka.No.E4/33342/2021 dated 28.02.2025. For Petitioner :
Mr.S.Kamadevan For Respondents :
Mr.V.Nanmaran Additional Government Pleader
O R D E R
This writ petition has been filed in the nature of a Certiorarified Mandamus, seeking records relating to the Proceedings of the second respondent in Na.Ka.No.E4/33342/2021 dated 24.03.2025 and the orders of the third respondent in Na.Ka.M6/2885/2023 dated 24.03.2025 and to quash the same.
2.By the impugned order, the petitioner had been compulsorily retired from service. The petitioner has a right to file an appeal against the said order. The petitioner has 60 days time to file an appeal against the order by which it had been held that the charges have been proved against the petitioner, the order dated 28.02.2025. 2/4
3.The grievance raised by the learned counsel for the petitioner is that though the petitioner has time to file an appeal, even without granting him that particular time, the impugned order came to be filed.
4.The petitioner may file an appeal against the order dated 28.02.2025 and if the Appellate Authority issues a different finding, the petitioner's services may be considered continuous from the date on which the impugned order has been passed.
5.With the above observation, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
04.04.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK 3/4
C.V.KARTHIKEYAN, J.
TK To 1.The Secretary to Government Adi-Dravidar and Tribal Welfare Department Fort St. George, Chennai - 600 009.
2.The Commissioner Adi-Dravidar Welfare Chepauk, Chennai - 5.
3.The District Adi-Dravidar and Tribal Welfare Officer Villupuram District, Villupuram.
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