N. Vanitha, v. The District Project Officer,
W.P(MD)No.4567 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2021 CORAM :
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.4567 of 2013 and W.M.P(MD)Nos.1 of 2013 N.Vanitha ... Petitioner Vs.
1.The District Project Officer, Child Welfare Project, Ramanthapuram.
2.Child Welfare Project Officer, R.S.Mangalam, Ramanathapuram District.
... Respondents Prayer: Writ Petition filed under Article 226 Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Charge Memo Na.Ka.No.185/A1/2013, dated 15.02.2013 and quash the same and consequently, direct the first respondent to conduct proper enquiry.
For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.J.K.Jeyaselan Government Advocate (Civil Side).
O R D E R
The learned counsel for the petitioner submitted that the criminal complaint was preferred against her husband in Crime No.14 of 2013 and the petitioner was unnecessarily roped in the FIR. The only allegation is that the petitioner was standing near her husband. The respondent, on an assumption that the petitioner has not attended the duty on 03.02.2013, has issued this charge memo.
2. It is the claim of the petitioner that 03.02.2013 is her weekly off and she has taken leave from 04.02.2013 to 18.02.2013. The same was intimated to the first respondent and she was suspended from service on 05.02.2013. It is the submission of the petitioner that the criminal case is nothing to do with her official duty. The petitioner has submitted an explanation and prays for allowing the writ petition.
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W.P(MD)No.4567 of 2013
3. On considering the facts that the criminal case is against her husband alone and it is nothing to do with the official duty of the petitioner and moreover, the petitioner claims that she was in weekly off on 03.02.2013, the respondents are directed to consider all these explanations and pass an appropriate order. The petitioner is granted liberty to file further explanation within one week from the date of receipt of a copy of this order. Thereafter, the first respondent shall consider the earlier explanation as well as the subsequent explanation, which the petitioner was directed to submit and pass final order within four weeks therefrom.
4. With these above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) btr/gbg Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Project Officer, Child Welfare Project, Ramanthapuram.
2.Child Welfare Project Officer, R.S.Mangalam, Ramanathapuram District.
W.P(MD)No.4567 of 2013 and W.M.P(MD)No.1 of 2013 19.11.2021 SS(CO) KB(08.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2