K.Jayalakshmi v. The Director Of Agriculture
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.11871 of 2020 K.Jayalakshmi ... Petitioner Vs 1.The Director of Agriculture, Chepauk, Chennai - 600 005.
2.The Joint Director of Thanjavur, Kattu Thottam Agriculture Office, Coimbatore Nagapattinam Highway, Gnanam Nagar, Thanjavur - 613 501.
3.The District Collector, Office of the District Collectorate, Thanjavur Post and District, Tamil Nadu - 613 010.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of proceedings in Proc.No.E1/9194/2019 dated 14.09.2019 on the file of the 1/4
second respondent and quash the same as illegal, non application of mind, against the principles of natural justice and direct the respondents to permit the petitioner to continue the service as computer programmer in the ATMA scheme.
For Petitioner : No Appearance For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
None appears for the petitioner.
2.The learned Special Government Pleader points out that by the impugned proceedings dated 14.09.2020 as many as four contractual staff were relieved from service. One K.Vinoth Kumar who is covered by the impugned proceedings filed in W.P(MD)No.14175 of 2020 and the said writ petition was dismissed on 23.01.2023. Copy of the said order has been made available. However, in respect of similarly placed contractual staff, I had taken the view that must be compliance with principles of natural justice atleast at the minimum level. The staff have been relieved from service after rendering a finding that they were involved in fraudulent activity in the scheme. It is clearly stigmatic in nature. When stigmatic order is passed, the authorities obliged to comply with the principles of natural justice. When the writ 2/4
petitioner filed this writ petition, an interim order of stay has been granted. The petitioner appears to be working as on date. For the aforesaid reason, the order impugned in the writ petition is set aside. This writ petition is allowed. It is of course open to the respondents to take appropriate action on merits and in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
14.03.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Director of Agriculture, Chepauk, Chennai - 600 005.
2.The Joint Director of Thanjavur, Kattu Thottam Agriculture Office, Coimbatore Nagapattinam Highway, Gnanam Nagar, Thanjavur - 613 501.
3.The District Collector, Office of the District Collectorate, Thanjavur Post and District, Tamil Nadu - 613 010.
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G.R.SWAMINATHAN, J.
MGA and W.M.P(MD)No.11871 of 2020 14.03.2023 4/4