G.Elumalai v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.No.29230 of 2023 G. Elumalai ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Joint Commissioner (Land Acquisition), Chepauk, Chennai - 600 005.

2.Thiru.Dominic Sreedhar, Superintendent, Land Administration Department, Ezhilagam, Chepauk, Chennai - 600 005.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the 1st respondent pertaining to his proceedings made in Proceedings No.A3/4049197/2023 dated 16.06.2023 and quash the same. 1/6

For Petitioner : Mr.R. Malaichamy For R1 : Mr.M. Bindran, Additional Government Pleader

ORDER

Heard the learned counsel for the petitioner, as well as the learned Additional Government Pleader appearing for the first respondent.

2. Pursuant to framing of charges under Rule 17(B) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules against the petitioner herein, an Inquiry Officer was appointed through the impugned proceedings dated 16.06.2023, which is put under challenge in the present Writ Petition.

3. The main ground raised is that the petitioner's request to engage a defense Assistant to defend his case, has not been accepted by the second respondent herein, who is the Inquiry Officer. 2/6

4. G.O.Ms.No.160, P&AR(N) Department, dated 20.09.2006, provides that the Government Servant who is facing the departmental proceedings, may take the assistance of any retired Government Servant to present the case on his behalf but may not engage a legal practitioner for the purpose unless the Inquiry Officer is a legal practitioner or having regard to the circumstances of the case so permits.

5. In the instant case, the Inquiry Officer is not a legal practitioner. In the light of G.O.Ms.No.160 dated 20.09.2006, the petitioner would be entitled to engage the services of a retired Government Servant to present the case on his behalf. Such a stand has also been reiterated by the respondents themselves in the counteraffidavit filed by them.

6. Accordingly, the Writ Petition is ordered. Consequently, there shall be a direction to the respondents herein, to continue the 3/6

departmental proceedings against the petitioner herein and complete the same, as expeditiously as possible, in any event, within a period of three (3) months from the date of receipt of a copy of this order. Pending the proceedings, the petitioner is at liberty to engage the services of a retired Government Official to defend the case on his behalf. No costs. Connected miscellaneous petition is closed. 23.11.2023 Index:Yes Speaking order Internet: Yes Sni 4/6

To 1.Joint Commissioner (Land Acquisition), State of Tamil Nadu, Chepauk, Chennai - 600 005.

2.Thiru.Dominic Sreedhar, Superintendent, Land Administration Department, Ezhilagam, Chepauk, Chennai - 600 005.

5/6

M.S.RAMESH,J.

Sni 23.11.2023 6/6