The District Collector v. K Krishnamoorthy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.8197 of 2024 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Assistant Director (Panchayat), Thoothukudi District.

3.The Block Development Officer/ Special Officer, Srivaikundam, Thoothukudi District.

... Appellants Vs.

K.Krishnamoorthy ... Respondent Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.17946 of 2020 dated 31-08-2023 on the file of this Court. 1/5

For Appellants : Mr.A.Kannan, Addl. Government Pleader.

For Respondent : Mr.S.M.Mohan Gandhi

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The writ petitioner was working as Panchayat Secretary. He joined service in the year 1996. On 15.03.2018, the jurisdictional Block Development Officer dismissed the writ petitioner from service. It is interesting to note that the termination order was not preceded by any charge memo and no enquiry was conducted. The termination order was straightaway passed. When it was put to challenge in W.P.(MD)No.17946 of 2020, the learned Single Judge interfered with the same. In fact, the learned Single Judge had given liberty to the authorities to proceed afresh in the matter, if so advised. Paragraph No.8 of the order of the learned Single Judge reads as follows: "8. In view of the same, this Court hereby quashes the impugned proceedings, dated 15.03.2018 as per se illegal and consequently, remand back the matter to the file of the 3rd 2/5

respondent, directing the 3rd respondent to reinstate the petitioner in service and thereafter, issue appropriate charge memo, for which, the petitioner shall submit an appropriate explanation. An Enquiry Officer may also be appointed, who will conduct the enquiry after affording due opportunity to the petitioner and pass appropriate orders in accordance with law. The said exercise shall be completed within a period of two (2) weeks from the date of receipt of a copy of this order." 3.We are of the view that interference with the said order is not at all warranted. The writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 20.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/5

To:

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Assistant Director (Panchayat), Thoothukudi District.

3.The Block Development Officer/ Special Officer, Srivaikundam, Thoothukudi District.

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G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 20.06.2025 5/5