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Madras High CourtWP/24078/2025disposed of

R.Sankaranarayanan v. The Secretary To Government

2025-07-04Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.27106 of 2025 R.Sankaranarayanan ... Petitioner Vs.

1.The Secretary to Government Animal Husbandry, Dairying and Fisheries Department Secretariat, Chennai - 600 009 2.The Commissioner for Milk Production and Dairy Development Madhavaram Milk Colony Chennai - 600 051 3.The Deputy Registrar (Dairying) Perambalur 4.The Administrator/President R1310, Siruvachur Milk Producers Cooperative Society Siruvachur - 621 113 Perambalur Taluk and District ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order dated 26.02.2025 made in Na.Ka.No.1847/2024/C2 passed by the 3rd respondent for fresh enquiry, 1/6

quash the same as null and void and consequently directing the 3rd respondent for reinstatement of the petitioner as Secretary in the Society with full back wages and other benefits.

For Petitioner : Mr.R.Sethu Pandian For Respondents : Mr.N.Naveen Kumar Government Advocate

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Certiorarified Mandamus, to call for the entire records relating to the impugned order dated 26.02.2025 made in Na.Ka.No.1847/2024/C2 passed by the 3rd respondent for fresh enquiry, quash the same as null and void and consequently directing the 3rd respondent for reinstatement of the petitioner as Secretary in the Society with full back wages and other benefits.

3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel for the petitioner would submit that the 2/6

petitioner was appointed as an employee in the 4th Respondent/Cooperative Society on 01.12.1984 and he was promoted as Secretary of the said Society on 01.04.1987. Thereafter, on 27.11.2024 a charge was framed against the petitioner and he was directed to submit explanation. On 09.12.2024, the petitioner had submitted his explanation. It is the submission of the petitioner that after conducting domestic enquiry, the Disciplinary Authority found that no charge has been proved against the petitioner. However, with the pressure exerted by the Milk Society Members, the 3rd respondent is again attempting to initiate further enquiry and prayed to interfere with same.

5. Per contra, the learned Government Advocate appearing for the respondents would strongly object the contention of the petitioner and would submit that though there is a reference in the order dated 26.02.2025, so far they have not passed any order and the information provided in the impugned order will not infringe upon any of the petitioner's right. Therefore, would contend that the present writ petition is not maintainable.

6. I have given my anxious consideration to the submissions made on either side.

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7. As rightly contended by the learned Government Advocate for the respondents while perusing the impugned order, there is no executable order passed to conduct a reenquiry, it only says that the petitioner will be informed about the reenquiry by way of separate order. But such separate order has not been filed before this Court. In such view of the matter, since the very impugned order dated 26.02.2025 is in the nature of information and does not have any enforceable order against this petitioner. Therefore, this Court do not find any grounds to interfere with the impugned order. However, the petitioner is given liberty to approach this Court, if any separate order is passed for reenquiry.

8. In the result, the Writ Petition is dismissed. No costs. Consequently, the connected writ miscellaneous petition is closed. 04.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Secretary to Government Animal Husbandry, Dairying and Fisheries Department Secretariat, Chennai - 600 009 2.The Commissioner for Milk Production and Dairy Development Madhavaram Milk Colony Chennai - 600 051 3.The Deputy Registrar (Dairying) Perambalur 4.The Administrator/President R1310, Siruvachur Milk Producers Cooperative Society Siruvachur - 621 113 Perambalur Taluk and District 5/6

C.KUMARAPPAN, J.

dm 04.07.2025 6/6