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Madras High CourtWP/41649/2016disposed of

S.Muthukumaravel v. The Secretary To Government

2025-10-22Honourable Mr.Justice K. Surender6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22/10/2025 C O R A M THE HONOURABLE Mr.JUSTICE K. SURENDER Writ Petition No.41649 of 2016 a n d W.M.P.No.35631 of 2016 S. Muthukumaravel ...

Petitioner Vs

1. The Secretary to Government Revenue Department Secretariat Chennai 9.

2. The Additional Chief Secretary/ Commissioner of Revenue Administration Chepauk Chennai 5.

3. The District Collector Tiruvarur Tiruvarur District.

...

Respondents Petition filed under Article 226 of the Constitution of India praying 1/6

for the issuance of a writ of certiorarified mandamus to call for the records relating to the first respondent vide G.O.Ms.No.251 Revenue Ser.2 (1) Department dated 30/9/2016 and to quash the same and consequently, direct the respondents to reinstate the petitioner in service with all attendant benefits.

For petitioner ...

Mr.N.S.Suganthan For respondents ...

Mr.V.Nanmaran Additional Government Pleader - - - - -

O R D E R

This writ petition has been filed to quash the order dated 30/9/2016 passed by the first respondent in G.O.Ms.No.251 Revenue Ser.2 (1) Department and consequently, direct the respondents to reinstate the petitioner in service with all attendant benefits.

2. The case of the petitioner in a nutshell are as follows:- The petitioner was appointed as Junior Assistant on 9/8/1993 in the 2/6

Revenue Department on compassionate appointment. During the course of his employment, certain allegations were levelled against him alleging demand of money in forwarding the retirement benefits to village servants. An enquiry was held by the Tribunal and during the course of enquiry, documents were placed on record. According to the enquiry report, charges levelled against the petitioner were proved and thereafter, a show cause notice dated 9/11/2012 was issued by the first respondent, vide letter No.8791/Ser.2[1]/2011-3. After enquiry, enquiry report was communicated to the petitioner and asked the petitioner to submit his explanation to the findings rendered by the Enquiry Officer in his report dated 31/1/2011. Representation was submitted by the petitioner and after considering the explanation given by the petitioner, orders were passed by the concerned authority imposing punishment of removal from service. Being aggrieved, the petitioner has come forward with the instant writ petition praying for the relief as stated therein.

3. Heard Mr.N.S.Suganthan, learned counsel for the petitioner and Mr.V.Nanmaran, learned Additional Government Pleader appearing for the 3/6

respondents.

4. Learned counsel appearing for the petitioner would submit that most of the witnesses turned hostile and the evidence that was placed on record during the course of enquiry cannot be treated as genuine and punishment of removal from service is improper.

5. The learned Additional Government Pleader appearing for the respondents would submit that Rule 20 (1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules provide an opportunity to the petitioner to file a review before the Government against the order of punishment. However, the petitioner has not availed the said opportunity.

6. Without going into the merits of the case, this Court is of the considered opinion that without exhausting the remedy available under Rule 20 (1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, petitioner has approached this Court. In such a view of the matter, this writ petition is disposed of, directing the first respondent to dispose of the review petition, in the event of filing by the petitioner against the 4/6

punishment imposed, within a period of four weeks, from the date of filing of the Review Petition. No costs. Consequently, connected Miscellaneous Petition is closed.

(K.SURENDER,J) 22nd October, 2025 mvs.

Index: Yes/No To

1. The Secretary to Government Revenue Department, Secretariat, Chennai 9.

2. The Additional Chief Secretary/ Commissioner of Revenue Administration Chepauk Chennai 5.

3. The District Collector Tiruvarur, Tiruvarur District.

K.SURENDER, J mvs.

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