Madras High CourtWP(MD)/16332/2016disposed of

Saraswathi, W/O.Sathishkumar v. The Additional Director Of

2016-08-31Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.16332 of 2016 and W.M.P.(MD).No.11935 of 2016 Saraswathi ... Petitioner -vs1. The Additional Director of General, Prison Department, No.1, Gandhi Irwin Road, CRTC Tower, II Floor, Chennai -8.

2. The Superintendent of Prison, Special Prison for Women, Trichy-8.

... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India to issue a writ of certiorari to call for the records relating to the impugned charge memo of the second respondent by his proceeding in No.623/Po.4/2016 dated 23.06.2016 and quash the same.

For Petitioner : Mr.A.Arunprasad For Respondents : Mrs.S.Bharathy Government Advocate

O R D E R

The petitioner has come to this Court challenging the correctness of the charge memo.

2. Reading of the charge shows that the petitioner has to face enquiry, therefore, the contention made by the petitioner that he has given a representation to the Additional Director of General, Prison Department, Chennai, to give 8 hours duty to all the constables and only for that reason, she has been victimised by issuance of the present charge memo cannot be gone into at this stage.

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3. Therefore, in the light of the ratio laid down by the

Honourable Apex Court in the case of Union of India and another vs. Kunisetty Satyanarayana reported in 2006 (12) SCC 28, holding that, no Court shall ordinarily interfere with the validity of the charge memo, as the same cannot be construed as a final order to be challenged, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Record) /True Copy/ Sub Assistant Registrar akv To

1. The Additional Director of General, Prison Department, No.1, Gandhi Irwin Road, CRTC Tower, II Floor, Chennai -8.

2. The Superintendent of Prison, Special Prison for Women, Trichy-8.

+1cc to M/S Special Government Pleader, Sr No. 48961 JAM/SS 2/19.09.16/2p-4c W.P.(MD) No.16332 of 2016 31.08.2016 https://hcservices.ecourts.gov.in/hcservices/