P.Narayanan v. The Director Of Municipal Administration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C. KUMARAPPAN Writ Petition No.20581 of 2025 and Writ Miscellaneous Petition Nos.23194 & 23195 of 2025 P.Narayanan ... Petitioner ..Vs..
1.The Director of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, to call for the records relating to the impugned charge memorandum issued by the 1st respondent in Na.Ka.No.10346/2025/C1 dated 14.05.2025 and quash the same and consequently, to direct the 1st respondent to stop forthwith such harassment against the petitioner, within a reasonable period as may be fixed by this Court.
For Petitioner :
Mr.Singaravelan, Senior Counsel For Mr.T.Ranganathan 1/6
For Respondents : Mr.Rahul Adithya For R1 M/s.P.T.Ramadevi, Standing Counsel for Corporation for R2
ORDER
The present writ petition has been filed with a prayer to quash the impugned Charge Memorandum issued by the 1st respondent in Na.Ka.No.10346/2025/C1 dated 14.05.2025.
2. The learned counsel appearing on behalf of the petitioner would submit that though the petitioner was granted medical leave, without considering such sanctioning, the respondents had issued a factually incorrect Show Cause Notice dated 14.05.2025 saying that the petitioner was unauthorizedly absent from 13.02.2025 onwards.
3. In this connection, the learned Standing Counsel appearing on behalf of the 2nd respondent would invite the attention of this Court that a proceeding dated 03.04.2025 issued by the 2nd respondent to the 1st respondent wherein, it has been stated that the petitioner did not join the duty, after 12.02.2025. 2/6
4. At this juncture, the learned counsel for the petitioner would invite the attention of this Court about the proceedings of the 2nd respondent dated 11.04.2025. For ready reference, this Court deems it appropriate to extract the same.
"In pursuance of the Government order 1st read above, Thiru.P.Narayanan, Joint Director/Deputy Commissioner, Tambaram Corporation has assumed charge as Zonal Officer, Greater Chennai Corporation, on 12.02.2025 F.N vide 2nd read and the above officer availed medical leave from 13.02.2025 to 03.04.2025 and joined duty on 04.04.2025. In view of the above, Thiru.P.Narayanan, Joint Director/Zonal Officer, Greater Chennai Corporation is posted at Zone-4, Greater Chennai Corporation. Consequent to the above, Thiru.R.Purusothaman, Executive Engineer, Special Projects Department, Greater Chennai Corporation is relieved from full additional charge of the post of Zonal Officer, Zone-4, Greater Chennai Corporation."
5. From the perusal of the above proceedings, it is covertly and overtly manifest that from 13.02.2025 to 03.04.2025, the petitioner availed a medical leave. To put it differently, the petitioner was granted medical leave between 13.02.2025 to 03.04.2025 whereas the Show Cause Notice stipulates that the 3/6
petitioner did not join duty, after 12.02.2025, which is factually incorrect, in view of the proceeding dated 11.04.2025, issued by the 2nd respondent.
6. Though the writ Court has generally refrain from interfering with the Show Cause Notice as the same would in no way infringe upon the fundamental rights of the petitioner, when there is a perversity apparent on the face of the record, without no alternative would like to interfere with the Show Cause Notice. Hence the Show Cause Notice dated 14.05.2025 is liable to be quashed.
7. In the result, the Writ Petition is allowed. The impugned Show Cause Notice dated 14.05.2025 is quashed. No costs. Consequently, the connected miscellaneous petitions stands closed.
23.06.2024 ssi Index : Yes Speaking Order : Yes /No 4/6
To:
1.The Director of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
5/6
C.KUMARAPPAN, J.
ssi W.P.No.20581 of 2025 23.06.2025 6/6