Madras High CourtWP/20190/2023disposed of

G.Elumalai v. State Of Tamilnadu

2023-07-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR and W.M.P.No.19522 of 2023 G.Elumalai .. Petitioner

Versus

The State of Tamil Nadu Rep by its Joint Commissioner (Land Acquisition) Chepauk Chennai - 600 005 .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the respondent pertaining to the charge sheet dated 06.04.2023 issued under Rule 17(B) of Tamil Nadu Civil Services (Discipline and Appeal) Rules and quash the same. For Petitioner : Mr.R.Malaichamy For Respondents : Mr.S.Prabhakaran Government Advocate

ORDER

This Writ Petition has been filed Challenging the charge memo issued against the writ petitioner for the alleged charges under Rule 17(B) of Tamil 1/4

Nadu Civil Services (Discipline and Appeal) Rules

2. The very allegation against the petitioner is that he has informed over phone to an individual about the movement regarding the transfer of Patta file of Navalok Village, Wallajah Taluk, Ranipet District and also made an attempt to gain benefits. Hence, the respondent issued charges for the charges under Rule 17(B) of Tamil Nadu Civil Services (Discipline and Appeal) Rules.

3. The main contention of the writ petitioner that only Annexure-III, list of documents has been served, except that, Annexure - 4, list of witnesses are not furnished. Further, the appointing authority has directed the inquiry officer to complete the enquiry within 60 days from the receipt of a copy of that order. Hence, on that ground, this writ petition has been filed.

4. At the outset, this Court is of the view that merely because some annexures have not been furnished, the same cannot be a ground to quash the entire proceedings, the respondents are directed to serve the list of witnesses and annexures to the petitioner within a period of 15 days from the date of receipt of a copy of this Order, thereafter, the enquiry shall proceed on its own merits.

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5. Accordingly, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 10.07.2023 dhk Index:Yes/No Internet: Yes/No To The Joint Commissioner The State of Tamil Nadu (Land Acquisition) Chepauk Chennai - 600 005 3/4

N.SATHISH KUMAR, J.

dhk W.P.No.20190 of 2023 10.07.2023 4/4