S.Thiruvengadam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2026
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.8003 of 2026 S.Thiruvengadam ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Home Department, Chennai.
2.The Director General of Police, Tamilnadu Police Department, Mylapore, Chennai - 600 004.
3.The Director, Department of Child Welfare and Special Service, No.1A, First Floor, CMDA Tower II, Gandhi-Irwin Road Egmore, Chennai.
4.The Deputy Director, Department of Child Welfare and Special Service, Madurai.
5.The Superintendent, Government Children Home For Boys, Thanjavur.
... Respondents Page No. 1 of 5
Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the third respondent in No. DSD/1390/2025-A3I/446049/2026 dated 16.03.2026 and quash the same as illegal and consequently direct the third respondent to reinstate the petitioner with all benefits in stipulated time. For Petitioner : Mr.N.Mohideen Basha For Respondents : Mr.S.Shaji Bino Special Government Pleader ******
O R D E R
Heard the learned counsel for the petitioner and Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents.
2. At the threshold, Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents, brought to the notice of this Court that the petitioner has an efficacious alternative remedy under Rule 19 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955, by way of an appeal before the first respondent.
3. Per contra, the learned counsel for the petitioner contended that the impugned punishment is grossly disproportionate to the charges Page No. 2 of 5
alleged against the petitioner and therefore, the petitioner is entitled to avail the remedy before this Court under Article 226 of the Constitution of India. It is further contended that the third respondent, while passing the impugned order, has not followed the procedure that is required for conducting an enquiry and no opportunity of cross-examination has been afforded to the petitioner.
4. In the light of the above submission of the learned Special Government Pleader appearing for the respondents, this Court is not inclined to entertain this Writ Petition, as there is an efficacious alternative remedy provided under the statutory rules and the petitioner can raise all his contentions in the appeal.
5. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioner to avail the remedy of appeal before the first respondent under Rule 19 of the Rules, within a period of two weeks from the date of receipt of a copy of this order. In case such an appeal is filed within the stipulated time, the first respondent shall consider the same and pass appropriate orders on merits, after duly affording an opportunity of personal hearing to the petitioner, as expeditiously as possible, at any rate, Page No. 3 of 5
within a period of twelve weeks from the date of filing of the appeal. No costs. Consequently, the connected Miscellaneous Petition is closed. 15.04.2026 JEN NCC : Yes / No Index : Yes / No Internet : Yes / No To 1.The Secretary, Home Department, The State of Tamil Nadu, Chennai.
2.The Director General of Police, Tamilnadu Police Department, Mylapore, Chennai - 600 004.
3.The Director, Department of Child Welfare and Special Service, No.1A, First Floor, CMDA Tower II, Gandhi-Irwin Road Egmore, Chennai.
4.The Deputy Director, Department of Child Welfare and Special Service, Madurai.
5.The Superintendent, Government Children Home For Boys, Thanjavur.
Page No. 4 of 5
MUMMINENI SUDHEER KUMAR , J.
JEN 15.04.2026 Page No. 5 of 5