R. Nallathambi v. The Registrar General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2025

CORAM:

THE HONOURABLE Mr. JUSTICE R. SURESH KUMAR AND THE HONOURABLE Mr. JUSTICE SHAMIM AHMED & WMP.No.45583 of 2025 R. Nallathambi, Formerly Grade II Bench Clerk, Now Grade III Bench Clerk, Additional District Munsif Court, Jayankondam .. Petitioner Vs.

1. The Registrar General, High Court of Madras, Chennai 600 014.

2. The Principal District Judge, Ariyalur/Appointing cum Disciplinary Authority, Ariyalur.

3. The District Munsif-cum-Judicial Magistrate, Enquiry Officer, Sendurai.

... Respondents Prayer: Writ Petition filed under Art.226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned enquiry report (Disciplinary Proceedings No.1/2025) dated 29.04.2025 conducted by the enquiry officer/3rd respondent, in which the punishment imposed in D.P.No.03/2025 dated 14.07.2025, by the Principal District Judge, Ariyalur/Appointing cum Disciplinary Authority, Ariyalur/2nd Respondent and quash the same as illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent/Disciplinary Authority to place the petitioner to the original post of Bench Clerk Grade II with all consequential 1/4

benefits, including continuity of service, back wages and attendant rights. For Appellant :

Mr. R. Venkatesulu For Respondents :

Mr. John.J.Raja Singh

ORDER

(Order of the Court was made by R. SURESH KUMAR, J.) Today, when the matter is taken up for hearing, the learned counsel appearing for the respondents raised an objection that the petitioner has straightaway filed the present Writ Petition without exhausting the appeal remedy available to him under section 19 of the Tamil Nadu Civil Services (Discipline & Appeal) Rules.

2. Realising the said position, learned counsel for the petitioner now wants to withdraw this Writ Petition with liberty to file an appeal under section 19 of Tamil Nadu Civil Services (Discipline & Appeal) Rules before the Appellate Authority namely, the 1st respondent and to that effect, he has also made an endorsement.

3. Recording the said submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn with the aforesaid 2/4

liberty, provided, the appeal to be filed before the Appellate Authority within a period of two weeks from the date of receipt of a copy of the order. No costs. Consequently, the connected miscellaneous petition is closed. [R.S.K., J.] (S.S.A.,J] 08.12.2025 msr Index:Yes/No To

1. The Registrar General, High Court of Madras, Chennai 600 014.

2. The Principal District Judge, Ariyalur/Appointing cum Disciplinary Authority, Ariyalur.

3. The District Munsif-cum-Judicial Magistrate, Enquiry Officer, Sendurai.

3/4

R. SURESH KUMAR, J.

& SHAMIM AHMED, J.

msr & WMP.No.45583 of 2025 08.12.2025 4/4