Madras High CourtWP(MD)/9509/2023disposed of

Rukmani S v. The District Collector

2023-04-24Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.9509 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9509 of 2023 and W.M.P.(MD)Nos.8482 & 8483 of 2023 S.Rukmani ... Petitioner Vs.

1. The District Collector, O/o.The District Collector, Trichy.

2. The Block Development Officer, Panchayat Union, Musiri, Trichy District.

3. The Block Development Officer, Panchayat Union, Andhanallur, Trichy District.

4. The Block Development Officer, Thottiam Union, Thottiam, Trichy District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 1st respondent in his proceedings in Na.Ka.Tha8/4934/2019 dated 12.06.2019 and 1/4

2 W.P.(MD)NO.9509 OF 2023 Na.Ka.Tha7/998/2023 dated 14.02.2023 and quash the same and consequently direct the respondent to consider the voluntry retirement service representation sent by the petitioner dated 12.12.2019 to 1st respondent. For Petitioner : Mr.V.Pannerselvam, for Mr.P.Sujai Krishna.

For R-1 : Mr.K.Balasubramani, Special Government Pleader.

For R-2 to R-4 : Mr.S.Kameswaran * * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner challenges the impugned charge memos primarily on the ground that the petitioner has already submitted an application for going on voluntary retirement and that the charge itself is only for unauthorised absence. The scope for interfering at the stage of charge memo is fairly limited. This case will not fall under such exceptional circumstances. At the same time, the medical condition of the petitioner must be taken note of. She has already given an 2/4

3 W.P.(MD)NO.9509 OF 2023 application for voluntary retirement. The charge memo was issued as early as on 12.06.2019. It is stated that at present the petitioner is facing two disciplinary proceedings. Both are for the alleged act of unauthroised absence.

3. The first respondent is directed to conclude both disciplinary proceedings and pass final order on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order.

4. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 24.04.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Issue order copy on 25.04.2023.

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4 W.P.(MD)NO.9509 OF 2023 G.R.SWAMINATHAN,J.

PMU To:

1. The District Collector, O/o.The District Collector, Trichy.

2. The Block Development Officer, Panchayat Union, Musiri, Trichy District.

3. The Block Development Officer, Panchayat Union, Andhanallur, Trichy District.

4. The Block Development Officer, Thottiam Union, Thottiam, Trichy District.

W.P.(MD)No.9509 of 2023 24.04.2023 4/4

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