Madras High CourtWP/27212/2024disposed of

Senthilkumar v. The Secretary / The Commisioner

2024-09-20Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Senthilkumar, Medical Officer, Tata Coffee Limited, Uraikkal Central Hospital, Tata Coffee Limited, Anamallais Division, Vaalparai, Coimbatore District.

.. Petitioner Vs.

1.The Secretary / The Commissioner, The National Commission for Scheduled Castes, 5th Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110 003.

2.The Director, The National Commission for Scheduled Castes, 2nd Floor, Block - 5, Shastri Bhawan, Chennai - 600 006.

3.The Executive Director, Tea Board India, South - India Zonal Office, Tea Board S-1 Zonal Office, Shelwood, Coonoor Club Road, Post Box No.6, Coonoor, Nilgiri, Nilgiri District.

4.The Managing Director, TATA Coffee Limited, Uraikkal Estate, Tata Coffee Limited, Anamallais, Vaalparai, Coimbatore District.

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5.Kunal Arora, Senior Manager - HR, TATA Coffee Limited, Uraikkal Estate, Tata Coffee Limited, Anamallais, Vaalparai, Coimbatore District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 15.08.2024 and 17.08.2024 and to be appoint the third person to the Enquiry Officer for the fair and genuine enquiry according with law, until then the petitioner should not be terminate from the Medical Officer job.

For petitioner :

Mr.A.S.Balaji For Ms.G.Pavithra For RR 1 & 2 :

Mr.V.Chandrasekaran Senior Panel Counsel For R3 :

Mr.K.Ramanamoorthy For RR 4 & 5 :

Mr.Sai Srujan Tayi

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus to consider the representation made by the petitioner and to appoint a third party as an Enquiry Officer in order to ensure that the enquiry is conducted in a genuine and fair manner.

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2.Heard the learned counsel for the petitioner, learned Senior Panel Counsel for respondents 1 & 2, learned counsel for 3rd respondent and the learned counsel for respondents 4 & 5 and carefully went through the materials placed on record.

3.This Court is not inclined to go into the various allegations that have been made against the Enquiry Officer. The fact remains that the petitioner was working in a private company namely M/s.Tata Coffee Limited. Therefore, strictly speaking the writ petition will not lie against a private person unless it involves a public duty. Therefore, this Court is not inclined to entertain the writ petition. Liberty is granted to the petitioner to workout the remedy before the appropriate forum in the manner known to law.

4.Accordingly, this Writ Petition is disposed of in the above terms. No costs.

20.09.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 3/4

N.ANAND VENKATESH, J.

krk To 1.The Secretary / The Commissioner, The National Commission for Scheduled Castes, 5th Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110 003.

2.The Director, The National Commission for Scheduled Castes, 2nd Floor, Block - 5, Shastri Bhawan, Chennai - 600 006.

3.The Executive Director, Tea Board India, South - India Zonal Office, Tea Board S-1 Zonal Office, Shelwood, Coonoor Club Road, Post Box No.6, Coonoor, Nilgiri, Nilgiri District.

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