Lavanya.N v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)Nos.15234 and 15235 of 2023 N.Lavanya ... Petitioner Vs.

1.The Chairman, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.

2.The Director / Member, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.

3.The Senior Manager, Canara Bank, Circle Office, East Veli Street, Madurai-625 001.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned order in 1/4

Na.Ka.No.Pa.Me/Aa1/4919/2023, dated 10.07.2023 on the file of the 2nd respondent and quash the same.

For Petitioner : Mr.G.Prabhu Rajadurai For R1 & R2 : Mr.N.Satheesh Kumar, Additional Government Pleader For R3 : Mr.C.Karthick

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The show cause notice issued by the 2nd respondent for conducting an enquiry is under challenge in the present Writ Petition. 2.No Writ against the enquiry notice is entertainable, unless the said notice has been issued by an incompetent authority having no jurisdiction or tainted with mala fide allegation. In all other circumstances, a person received notice is expected to participate in the process of enquiry by availing opportunities to be provided by the competent authority / committee. In the present case, the impugned notice has been issued by the Director / Member of State Level Scrutiny Committee.

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3.The learned counsel for the petitioner has brought to our notice that the petitioner has already submitted her defence statement along with the documents. That being the factum, the petitioner is at liberty to participate in the process of enquiry and establish her case by availing opportunities to be provided by the competent authority / committee.

4.With this liberty, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (V.L.N., J.) 05.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Chairman, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.

2.The Director / Member, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.

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S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva 05.10.2023 4/4