A.Subramaniyan v. The Principal Secretary /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-11-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN A.Subramaniyan Petitioner(s) Vs 1.The Principal Secretary / Commissioner of Commercial Taxes, Chepauk, Chennai.

2.The Joint Commissioner (Sale Tax) Chennai (Central) Division, Greams Road, Chennai-600 006 3.The Director Directorate of Vigilance and AntiCorruption, MKN Road, Collectors Nagar, Alandur, Chennai-600 016.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent herein (Enquiry Officer) to furnish the depositions of the department witnesses deposed in relation to the petitioner disciplinary enquiry contemplated by the first respondent vide Charge Memo dated 24.02.2023 in CD2/35240/2016-I on the basis of the petitioner representation dated 20.06.2024.

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For Petitioner(s):

Mr.G.Magesh Kumar For Respondent(s):

Mr.T.N.C.Kaushik Additional Government Pleader For R1 & R2 Mr.K.Surendran Additional Government Pleader For R3

ORDER

This Writ Petition has been filed seeking a direction to the second respondent to furnish the depositions of the departmental witnesses deposed in the disciplinary enquiry pursutant the charge memo dated 24.02.2023. 2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.The petitioner, while working as Assistant Commissioner, Commercial Tax, was served with a charge memo alleging that he had demanded illegal gratification of Rs.4,000/-. Simultaneously, a criminal case was registered and the petitioner is facing trial. The petitioner challenged the charge memo before this Court in W.P.No.6427 of 2024, and this Court, by order dated 13.03.2024, directed to defer the disciplinary proceedings till the completion of the trial. In order to proceed with the trial, the petitioner has now submitted a representation seeking depositions of the departmental witnesses Page No.2 of 5

recorded during the disciplinary proceedings pursuant to the charge memo dated 24.02.2023.

4.In view of the above, this Court directs the second respondent to furnish the copies of the depositions which were made before the enquiry officer pursuant to the charge memo dated 24.02.2023, within a period of two weeks from the date of receipt of a copy of this order. 5.With the above direction, this writ petition stands disposed of. No costs.

28-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Lpp To 1.The Principal Secretary / Commissioner Of Commercial Taxes, Chepauk, Chennai.

2.The Joint Commissioner (sale Tax) Chennai (central) Division, Greams Road, Chennai-600 006 Page No.3 of 5

3.The Director Directorate Of Vigilance And Anticorruption, MKN Road, Collectors Nagar, Alandur, Chennai-600 016.

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G.K.ILANTHIRAIYAN J.

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