M.Kiruthiga v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.13938 of 2025 M.Kiruthiga ... Petitioner -vs1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

2.The Director of Agriculture (P and M), The Commissionerate of Agriculture, Chepauk, Chennai - 5.

3.The Executive Engineer (A E) Agricultural Engineering Department, Tiruchirapalli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the second respondent in Se.Mu.Aa.No.A/4003/2023 dated 19.06.2025 and quash the same and consequently, direct the petitioner to continue as Grade - III Typist in the officer of the second respondent. For Petitioner : Mr.VR.Shanmuganathan

For R1 : Mr.V.Panneer Selvam Standing Counsel For R2 and R3 : Mr.K.Balasubramani Special Government Pleader

ORDER

This Writ Petition has been filed seeking to quash the impugned order of the second respondent in Se.Mu.Aa.No.A/4003/2023 dated 19.06.2025 and consequently, to direct the respondents to permit the petitioner to continue as Grade-III Typist in the office of the second respondent.

2. The learned counsel for the petitioner submits that the petitioner, who was lawfully selected and appointed as Steno-Typist Grade-III in the Agriculture Department after clearing the Group IV Examination conducted by the first respondent, has been arbitrarily debarred and terminated without being given any notice or opportunity to be heard by the second respondent, solely on the ground of an FIR registered in a matrimonial dispute involving her husband's relatives, of which, she had no knowledge at the time of applying and that the impugned order passed without adherence to the principles of natural justice is unsustainable in law.

3. The learned Special Government Pleader appearing for the respondents 2 and 3 submits that the issue involved in this writ petition is squarely covered by the order of this Court dated 13.12.2024, passed in W.P.No.22939 of 2021 (T.Nedunchezhiyan vs. The Commissioner, Social Welfare Department and another). The relevant portion of the said order is extracted hereunder:- ''4. The matter in issue has been settled by this Court in W.P.No. 2042 of 2023 (R.Sankar vs. The State of Tamil Nadu and 4 others), by order dated 30.01.2023. In paragraph number 9 of the said order, the question which has been raised before this Court has been settled and the same is extracted hereunder:

"It is clear from the above that while determining suppression or false information, the same must pertain to the information that is specifically sought for in the application and the same must be within the knowledge of the applicant. In the present case, both the ingredients are satisfied. There was a specific column in the application wherein the petitioner was asked as to whether any criminal case has been filed against him. The petitioner categorically states that there is no criminal case pending against him. Whereas, there was in fact a criminal case that was pending in C.C. No.7 of 2019. The same was also within the knowledge of the petitioner and hence, the petitioner must be held guilty of suppressing the material fact. In view of the same, this Court does not find any illegality in the impugned

order passed by the 5th respondent and the orders that were relied upon by the learned counsel for the petitioner, will not come to the aid of the petitioner. The suppression of a material fact at the time of submitting the application, particularly in a discipline service, involves moral turpitude and it has to be dealt with stringently. Courts cannot show any leniency for such will full suppression of material fact."

5. In view of the observations made by this Court in W.P. No.2042 of 2023, the present writ petition lacks merits and accordingly, the same is hereby dismissed. No costs. Consequently, connected miscellaneous petition is closed.''

4. In view of the aforesaid observations made by this Court, the present writ petition lacks merits and accordingly, the same is hereby dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes / No 04.07.2025 Index : Yes / No smn2

To:- 1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

2.The Director of Agriculture (P and M), The Commissionerate of Agriculture, Chepauk, Chennai - 5.

3.The Executive Engineer (A E) Agricultural Engineering Department, Tiruchirapalli.

VIVEK KUMAR SINGH , J.

smn2 04.07.2025