M.Srinivasan v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.21153 of 2023 M.Srinivasan .. Petitioner
Versus
1. The Secretary to Government, Adi-Dravidar and Tribal Welfare (ADW) Department, Tamil Nadu Secretariat, Fort St.George, Chennai - 600 009.
2. The Director Adi-Dravidar Welfare, Ezhilagam, Chepauk, Chennai - 600 005.
3. The Director Adi-Dravidar and Tribal Welfare Office, Salem Collectorate, Salem, Salem District.
...Respondents
Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records pertaining to the order in Na.Ka.No.Ee2/9159/2021 dated 06.06.2022 signed on 15.06.2022 issued by the 2nd respondent the Commissioner Adi-Dravidar Welfare, Chepauk, Chennai - 600 005 and quash the same and pass orders.
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For Petitioner : Mr.V. Ramalingam For Respondent : Mrs.C. Meera Arumugam, Additional Government Pleader
ORDER
This writ petition is filed seeking to issue a Writ of Certiorari calling for the records pertaining to the order in Na.Ka.No.Ee2/9159/2021 dated 06.06.2022 signed on 15.06.2022 issued by the 2nd respondent the Commissioner Adi-Dravidar Welfare, Chepauk, Chennai - 600 005 and quash the same and pass orders. 2.The facts of the case is that the petitioner was working as Superintendent in the Adi-Dravidar Office and he was issued with a charge memo under Section 17(b) under Tamil Nadu Citizenship (Government Service Disciplinary action and appeal) rules by the Commissioner, Adi-Dravidar Welfare, Chennai - 600 005 on wherein, the increment was cut down with cumulative effect for a period of one year. Challenging the same the petitioner has come up with this petition. 2/5
3. The learned counsel for the petitioner submitted that the second respondent without conducting proper enquiry has passed the impugned order which is illegal. He further submitted that due to the cut down of the increment the petitioner is facing inconvenience to run his day to day life. Hence, prays to allow this petition.
4. The learned Additional Government Pleader appearing for the respondents have filed a counter affidavit wherein, it has been stated that the petitioner has filed an appeal before the Government, the Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai. It is also stated that the Government has obtained the view of Tamil Nadu Public Service Commission accordingly, the Tamil Nadu Public Service Commission has sent its report in letter No.25001/111/DCD-A1/2022-1, dated 19.01.2023, wherein it has been stated that the Tamil Nadu Public Service Commission has confirmed the punishment given by commissioner and rejected the appeal filed by the petitioner as there is no merit in his appeal petition. 3/5
5.In view of the above fact that the prayer sought for by the petitioner, has became infructuous, this Petition is dismissed as infructuous. No order as to costs.
10.02.2025 Speaking order : Yes/No Index : Yes/No smn To
1. The Secretary to Government, Adi-Dravidar and Tribal Welfare (ADW) Department, Tamil Nadu Secretariat, Fort St.George, Chennai - 600 009.
2. The Director Adi-Dravidar Welfare, Ezhilagam, Chepauk, Chennai - 600 005.
3. The Director Adi-Dravidar and Tribal Welfare Office, Salem Collectorate, Salem, Salem District.
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V.BHAVANI SUBBAROYAN, J.
smn W.P.No.21153 of 2023 10.02.2025 5/5