Madras High CourtWP(MD)/9339/2022dismissed

Arumugam v. The Director Of Survey And Settlement

2022-05-05Honourable Mr Justice T.Raja2 pages

W.P.[MD].No.9339 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.[MD].No.9339 of 2022 and W.M.P.(MD) Nos.6698 & 6699 of 2022 Arumugam .. Petitioner Vs.

1.The Director of Survey and Settlement, Survey House, Chepauk, Chennai.

2.The Assistant Director, Survey and Records Department, Collectorate, Madurai.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of impugned charge memo issued by the first Respondent in Proceedings No.Na.Ka.La2/25450/2021 dated 29.11.2021, and quash the same as illegal.

For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.M.Siddharthan, Additional Government Pleader

O R D E R

The petitioner has come to this Court by way of this writ petition, challenging the correctness of the impugned charge memo, dated 29.11.2021.

2. It is a well settled legal position that no charge memo can be quashed, unless it is issued by an incompetent authority or it is issued without notice or it is issued by violating any rules and regulations. This Court is not able to see any one of the situation. Therefore, this writ petition fails and the same is liable to be dismissed.

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W.P.[MD].No.9339 of 2022

3. The learned counsel for the petitioner requested this Court to direct the enquiry to be completed, so that he will be able to prove his innocence.

4. Accepting the request of the petitioner, the disciplinary authority is directed to complete the enquiry within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Vacation Officer/ Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) rm/ogy To 1.The Director of Survey and Settlement, Survey House, Chepauk, Chennai.

2.The Assistant Director, Survey and Records Department, Collectorate, Madurai.

+1 CC to M/s.SPL.GP ( SR-23514[F] dated 06/05/2022 ) W.P.[MD].No.9339 of 2022 Dated: 05.05.2022 RK(13/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2