P.Muniyan v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.16366 OF 2022 P.Muniyan ... Petitioner .Vs.
1. The Secretary, Government of Tamilnadu, Labour Welfare & Skill Development Department, Secretariat, Chennai - 600 009.
2. The Commissioner, Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006.
3. The Additional Commissioner of Labour, Dr.Balasundaram Road, Coimbatore - 18.
... Respondents PRAYER:- This writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to convert the Charge memo in No.A/2024/2022 dated 26.05.2022 issued by the third respondent against the petitioner under Rule 17(b) into Rule 17(a) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules and pass final orders before his retirement on 31.07.2022.
For Petitioner : Mr.L.Rajendran For Respondents : Mr.S.Rajesh Government Advocate
ORDER
This petition has been filed to issue a Writ of Mandamus, directing the second respondent to convert the Charge memo in No.A/2024/2022 dated 26.05.2022 issued by the third respondent against the petitioner under Rule 17(b) into Rule 17(a) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules and pass final orders before his retirement on 31.07.2022.
2. The petitioner is working as Joint Commissioner of Labour in Salem. The third respondent has issued a charge memo dated 26.05.2022 under 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules for the bilaterally agreed settlement signed before the petitioner on 04.03.2014. According to the petitioner, the above settlement was signed, based on the circular issued by the Registrar of Co-operative Societies dated 28.02.2014, in the same manner and in the same date throughout the State of Tamil Nadu. The charges levelled against the petitioner will not attract Rule 17(b). Therefore, he made a representation dated 02.06.2022 to the second respondent, requesting to convert the charge under Rule 17(b) into under Rule 17(a) of the above Rule, before his retirement on 31.07.2022. He has also given explanation for the charge memo on 09.06.2022. The above said charge memo was issued with malafied intention to prevent the petitioner's promotion. Hence the writ petition.
3. Heard the learned counsel for the petitioner as well as the learned Government Advocate for the respondents.
4. The petitioner seeks direction to the second respondent to convert the charge under 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules into 17(a). But, this Court cannot give such direction to convert the Charge memo, as stated by the petitioner. A perusal of the documents reveals that he appealed before the second respondent on 02.06.2022 for such conversion. Therefore, the petitioner can very well raise all his objections and grievances before the second respondent along with documents if any. After perusal of the objections and the grievances, it is for the second respondent to consider the same and to pass appropriate orders. Thus, there is no merits in the writ petition and this Court is not inclined to interfere with the impugned charge memo issued by the second respondent.
5. Accordingly, it is ordered as follows.
i) This writ petition is dismissed. No costs.
ii) The second respondent is directed to consider the Appeal/representation made by the petitioner dated 02.06.2022 and to pass orders on its own merits and in accordance with law, without any delay.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mst To 1.
The Secretary, Government of Tamilnadu, Labour Welfare & Skill Development Department, Secretariat, Chennai - 600 009.
2.
The Commissioner, Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006.
3.
The Additional Commissioner of Labour, Dr.Balasundaram Road, Coimbatore - 18.
+1cc to Mr.L.Rajendran, Advocate, S.R.No.41242 +1cc to the Government Pleader, S.R.No.42559 W.P.NO.16366 OF 2022 VSN-II(CO) PBS/04/07/2022