G.Napolean v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.13904 and 13905 of 2025 G.Napolean ... Petitioner -vs1.The Principal Secretary to Government, The State of Tamil Nadu, Agriculture Department, Fort St.George, Chennai.

2.The Director of Agriculture, Office of the Director of Agriculture, Chepauk, Chennai - 600 005.

3.The Joint Director of Agriculture, Kancheepuram, Kancheepuram District.

4.The Joint Director of Agriculture, Pudukkottai, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Charge Memo in No.PaONa 1/4/79300/2024 dated 08.08.2024 on the file of the second respondent and quash the same as illegal and consequently, to direct the respondents to consider the petitioner for promotion to the post of

Deputy Director of Agriculture (Extension), within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This Writ Petition has been filed seeking to quash the impugned Charge Memo in No.Pa.O.Na.1/4/79300/2024 dated 08.08.2024, issued by the second respondent and consequently to direct the respondents to consider the petitioner for promotion to the post of Deputy Director of Agriculture (Extension) within a time frame to be stipulated by this Court.

2. By consent, this Writ Petition is disposed of, at the admission stage itself.

3. According to the petitioner, he is now serving as 'Assistant Director of Agriculture' at the Pesticide Testing Laboratory, Kancheepuram. He was issued with the impugned charge memo dated 08.08.2024 by the second respondent, based on false and baseless allegations relating to his prior posting at

Karampakudi Taluk, Pudukkottai District. It is submitted that the charges have been framed with a predetermined view, particularly, imputing misconduct of sexual harassment at the workplace, without any fair enquiry or supporting evidence. The petitioner further submits that the charge memo has been issued arbitrarily and with mala fide intent to stall the petitioner's promotion to the post of Deputy Director of Agriculture (Extension) and therefore, prays that the impugned charge memo may be quashed and a direction may be issued to consider him for promotion, within a stipulated time frame.

4. Heard both sides.

5. Considering the facts and circumstances of the case, there shall be a direction to the respondents to conclude the enquiry and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner, within a period of four months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

NCC : Yes / No 04.07.2025 Index : Yes / No smn2 To:- 1.The Principal Secretary to Government, The State of Tamil Nadu, Agriculture Department, Fort St.George, Chennai.

2.The Director of Agriculture, Office of the Director of Agriculture, Chepauk, Chennai - 600 005.

3.The Joint Director of Agriculture, Kancheepuram, Kancheepuram District.

4.The Joint Director of Agriculture, Pudukkottai, Pudukkottai District.

VIVEK KUMAR SINGH , J.

smn2 04.07.2025