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Madras High CourtWP/23218/2021allowed

G.Rajareddy v. The District Collector

2021-10-28Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.23218 of 2021 and W.M.P.No.24515 of 2021 (Through Video Conferencing) G.Rajareddy

...Petitioner

Vs

1. The District Collector, Vellore District, Vellore.

2. The Special Officer, Yearanthangal Panchayat, Block Development Officer, Village Panchayat, Katpadi Taluk, Vellore District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relevant to the order in Na.Ka.No.1073/2021 dated 26.08.2021 passed by the second respondent and quash the same as illegal, improper, unreasonable, arbitrary and against the principles of natural justice and thereby direct the respondents to reinstate the petitioner into service from 26.08.2021 with all back wages.

For Petitioner :

Mr.B.Sundarapandiyan For Respondents :

For R1 :

Mr.L.S.M.Hasan Fizal Government Advocate For R2 :

Mr.M.Venkateswaran

ORDER

Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the first respondent and Mr.M.Venkateswaran, learned counsel takes notice on behalf of the second respondent. https://hcservices.ecourts.gov.in/hcservices/

2. This writ petition is allowed at the time of admission considering the fact that the impugned order dated 26.08.2021 bearing Na.Ka.No.1073/2021 has been passed by the second respondent without following the Principles of Natural Justice.

3. The petitioner has been in service of the respondents as a Panchayat Clerk from 09.02.2000. Considering the above, the impugned order passed by the second respondent is set aside with liberty to issue appropriate Show Cause Notice to the petitioner to show cause as to why the services of the petitioner should not be terminated on account of allegedly furnishing the Bogus Certificate.

4. This exercise shall be carried out by the second respondent within a period of three months from the date of receipt of a copy of this order.

5. This Writ Petition stands allowed with the above observations.

No costs.

Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rgm/arb To

1. The District Collector, Vellore District, Vellore.

2. The Special Officer, Yearanthangal Panchayat, Block Development Officer, Village Panchayat, Katpadi Taluk, Vellore District.

+1cc to Mr.B.Sundarapandiyan, Advocate Sr No.56093 +1cc to the Government Pleader Sr Nos.56612 & 56654 W.P.No.23218 of 2021 and W.M.P.No.24515 of 2021 NMI (CO) PR (23/11/2021) https://hcservices.ecourts.gov.in/hcservices/