A.Arockiadoss v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.01.2023 Coram:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P. No.30399 of 2014 and M.P.Nos.1 and 2 of 2014 Dr.A.Arockia Doss S/o Arul Gnanaprakasam ... Petitioner Vs.
1.Union of India Rep.by its Secretary Ministry of Human Resource Development Shastri Bhawan, C Wing, New Delhi - 110 001.
2.The Director Central Institute of Classical Tamil IRT Campus, Taramani, Chennai - 600 113.
3.The Registrar Central Institute of Classical Tamil IRT Campus, Taramani, Chennai - 600 113.
4.Tmt.V.G.Bhooma Director i/c, Central Institute of Classical Tamil IRT Campus, Taramani, Chennai - 600 113.
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5.Dr.M.Muthuvelu Registrar Central Institute of Classical Tamil IRT Campus, Taramani, Chennai - 600 113.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records in F.No.11-264/CICT/2014-15 dated 28.05.2014 issued by the 2nd respondent and the consequential impugned memo in F.No.11264/CICT/2014-15 dated 15.07.2014 issued by the 3rd respondent herein and quash the same.
For Petitioner :
Mr.N.G.R.Prasad for M/s Row & Reddy For Respondents :
Mr.J.Madanagopal Rao for R1 Mr.A.R.L.Sundaresan, ASGI for Mr.Venkatasamy Balu for RR2 & 3 Mrs.C.Sangamithirai for RR 4 & 5
ORDER
This Writ Petition has been filed by the petitioner who is a Junior Resource Person in Central Institute of Classical Tamil praying to quash the order of the 2nd respondent/The Director, Central Institute Page No.2/7
of Classical Tamil dated 28.05.2014 and the consequential impugned memo dated 15.07.2014.
2. The impugned order dated 15.07.2014 would read that the petitioner suppressed the fact that he was undergoing the Doctorate and Research course in the Thanjavur University and joined as Junior Resource Person in the Central Institute of Classical Tamil/respondent Institute which was found against the petitioner and therefore, he was called for an explanation.
3. The other impugned order, the petitioner challenged is the "Office Order" dated 28.05.2014, which states about the Disciplinary and Grievances Redressal Committee and the constitution of its members who will enquire into the disciplinary and grievances redressal issues pertaining to official discharge of duties. Page No.3/7
4. The learned counsel for the petitioner would submit that the petitioner is aggrieved against the constitution of members of the Committee stating that for the purpose of taking action of vindictive nature, reconstitution was ordered by the 2nd respondent.
5. It is also submitted by the learned counsel for the petitioner that now the committee is consisting of members, who are junior to the petitioner, therefore, prayed this court to direct the respondents to constitute fresh members in the Disciplinary and Grievances Redressal Committee to proceed with the enquiry against the petitioner in the subject matter.
6. The learned Additional Solicitor General of India appearing for the respondents 2 and 3 would submit that the respondents would consider the request of the petitioner in respect of members of the Disciplinary and Grievances Redressal Committee who shall be senior Page No.4/7
to him to go into the allegations levelled against the petitioner.
7. Taking note of the submissions made by the learned counsel on either side, this court, without expressing any opinion on the merits of the matter, directs the respondents 2 and 3 to reconstitute the members of the Disciplinary and Grievances Redressal Committee who are officers not junior to the petitioner. The said committee shall conduct enquiry and dispose of the proceedings initiated against the petitioner, within a period of six months from the date of receipt of a copy of this order.
8. This writ petition is disposed of with the above directions. No costs. Consequently connected miscellaneous petitions are closed. 23.01.2023 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Page No.5/7
Jer/nvsri To 1.The Secretary Union of India Ministry of Human Resource Development Shastri Bhawan, C Wing, New Delhi - 110 001.
2.The Director Central Institute of Classical Tamil IRT Campus, Taramani, Chennai - 600 113.
3.The Registrar Central Institute of Classical Tamil IRT Campus, Taramani, Chennai - 600 113.
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J.NISHA BANU, J., jer/nvsri W.P. No.30399 of 2014 23.01.2023 Page No.7/7