Madras High CourtWA(MD)/1272/2023dismissed

The Agricultural Production Commissioner, v. A. Balasubramanian

2023-08-07Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.9562 of 2023 1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai - 600009.

2.The Chief Engineer(AE), Agricultural Engineering Department, 487, Anna Salai, Nandanam, Chennai - 600 035. ... Appellants/Respondents Vs.

A.Balasubramanian ... Respondent/Petitioner Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P(MD)No.21461 of 2016 dated 04.04.2022. For Appellants :Mr.J.Ashok, Additional Government Pleader *** 1/4

JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR, J.) Heard Mr.J.Ashok, learned Additional Government Pleader for the appellants.

2. This writ appeal is directed as against the order of the learned Single Judge made in W.P(MD)No.21461 of 2016, dated 04.04.2022.

3. When the writ appeal is taken up for hearing, the learned Additional Government Pleader appearing for the appellants states that the grievance of the appellants is only regarding the observations of the learned Single Judge made in Paragraph No.7 of the order where the learned Single Judge has directed re-visiting of the provisions of the disciplinary proceedings and to amend the Fundamental Rules, for the reasons stated therein.

4. This Court finds that the observations of the learned Single Judge made in Paragraph No.7 of the order, is unwarranted for the case which is argued before the learned Single Judge. 2/4

5. In such circumstances, with an observation to delete the portion of the order of the learned Single Judge, giving direction to the appellants to amend the Fundamental Rules, in Paragraph No.7 of the order, dated 04.04.2022 made in W.P(MD)No.21461 of 2016, this writ appeal is dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

[S.S.S.R., J.] [D.B.C., J.] 07.08.2023 Index : Yes / No NCC : Yes/No pm To:

1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai - 600009.

2.The Chief Engineer(AE), Agricultural Engineering Department, 487, Anna Salai, Nandanam, Chennai - 600 035. 3/4

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

pm 07.08.2023 4/4