M.Prabhakaran v. Tamil Nadu Public Service
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7840 of 2016 M.Prabhakaran ..
Petitioner -vs1. Tamil Nadu Public Service Commission rep.by its Secretary Frazer Bridge Road VOC Nagar, Park Town, Chennai 600 003
2. Tamil Nadu Public Service Commission rep.by its Controller of Examinations Frazer Bridge Road VOC Nagar, Park Town, Chennai 600 003
3. The Tamil Nadu Public Service Commission rep by its Secretary Frazer Bridge Road Chennai-600 003
4. Government of Tamil Nadu rep.by Deputy Secretary to Government Revenue Department Fort St.George Chennai 600 009
5. The Special Commissioner and Director of Survey and Settlement "Survey House"
Chepauk Chennai 600 005 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the records and seeking to quash the order of the first respondent passed in No.5258/DTD-D2/2015 dated 11.12.2015 and by which the petitioner was imposed a punishment of de-baring from appearing for any of the examinations to be conducted by the first respondent for the period of 3 years with effect from December 2015 to May 2018.
For Petitioner ::
Mr.C.Saifullah For Respondents ::
Mr.A.Kumar Special Government Pleader for R3 & R4
ORDER
This writ petition has been filed by Mr.M.Prabhakaran challenging the impugned order passed by the first respondent dated 11.12.2015, in and by which the petitioner was debarred from appearing for any of the departmental examinations to be conducted by the first respondent for a period of three years with effect from December, 2015 to May, 2018, on the ground that he is an innocent person, whereas the third respondent, while issuing the show cause notice, has not provided any incriminating material which has been seized from the petitioner in order to substantiate that he has violated the rules. Adding further, the learned counsel submitted that the first respondent has not provided any personal hearing to the petitioner and wrongly proceeded to pass the impugned order only with the explanation letter dated 20.10.2015.
2. But this Court is not able to find any merits in the present writ petition. The reason is that the petitioner, in his own explanation dated 'Nil' enclosed at pages 3 & 4 of the typedset, has admitted that he has given a confession statement admitting the guilt. Therefore, when the petitioner himself has confessed to the malpractice, the question of holding further enquiry does not arise. Therefore, the writ petition fails and it is dismissed. No costs.
-s/d- Assistant Registrar(CSIII) True Copy Sub-Assistant Registrar ss
To
1. The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road VOC Nagar, Park Town, Chennai 600 003
2. The Controller of Examinations Tamil Nadu Public Service Commission Frazer Bridge Road VOC Nagar, Park Town, Chennai 600 003
3. The Secretary Tamil Nadu Public Service Commission Frazer Bridge Road Chennai-600 003
4. The Deputy Secretary to Government Revenue Department Fort St.George Chennai 600 009
5. The Special Commissioner and Director of Survey and Settlement "Survey House"
Chepauk Chennai 600 005 +1 cc to M/s.Saifullah Advocate sr.13284 +1 cc to Government Pleader sr.13819 W.P.No.7840 of 2016 mg(co) aa15/03/2016