R.N.Dhanasekaran v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WMP No. 36458 of 2025 IN WP No. 25950 of 2024 R.N.Dhanasekaran S/o.Narayanaswamy, Plot No.88, 2nd Right Cross Street, Golden Nagar, Near Loganathan Gas Agency, Katpadi, Vellore- 632 014.

Petitioner(s) Vs

1. The Additional Chief Secretary To Government Highways And Minor Posts (HL1) Department, Secretariat, Chennai-09.

2.The Director General Highways Department, Chennai- 25.

Respondent(s) PRAYER To modify the order in Paragraph No.5 and 7 that "5.In the considered view of this court, the charge Memo has been issued by a competent authority pointing out certain charges against the petitioner. This charge Memo has been issued in the year 2024 for the incident which took place in the year 2020. It is not as if in every case where there is a delay, the

charge memo will be interfered. It will depend upon the facts and circumstances of each case. Considering the facts of this case, this court is not inclined to interfere with the charge memo.

7.In the light of the above discussion, there shall be a direction to the 1st respondent to furnish the documents sought for and relied upon in the inquiry, to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. on receipt of the same, the petitioner shall give his detailed reply for the show cause notice within a period of four (4) weeks thereafter.The inquiry shall be conducted strictly in accordance with law after affording sufficient opportunity to the petitioner and it shall be completed as expeditiously as possible"

passed by this Honble court in W.P. No. 25950 of 2024 dated 04.09.2024. For Petitioner(s):

Mr.L.G.Sahadevan for Mr.Sathiyaraj E For Respondent(s):

Mr.V.Manohar Additional Government Pleader

ORDER

The main ground on which this modification petition has been filed is that the charge memo was issued based on the pending criminal proceedings and the First Information Report itself thereafter came to be closed and therefore, the charge memo, which was issued based on this First Information Report, must also fall.

2. The above ground raised in this modification petition cannot be considered, since it will involve reviewing the entire order passed in the writ petition. The scope of modification petition cannot be expanded to that extent.

Therefore, this modification petition is closed with liberty to the petitioner to file a review application in accordance with law. 11-09-2025 ss To 1.The Additional Chief Secretary To Government Highways And Minor Posts (HL1) Department, Secretariat, Chennai-09.

2.The Director General Highways Department, Chennai- 25.

N.ANAND VENKATESH J.

ss WMP No. 36458 of 2025 in WP No. 25950 of 2024 11-09-2025