S.P. Thiyagarajan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and M.P(MD).Nos.1 and 2 of 2015 and WMP(MD).No.23019 of 2018 S.P.Thiyagarajan ... Petitioner vs.
1.The State of Tamil Nadu Represented by its Principal Secretary to Government Horticulture Department Secretariat, Chennai 2.The Director of Horticulture and Plantation Crops Chepauk, Chennai 600 005 3.The Deputy Director of Horticulture Office of the Deputy Director of Horticulture Collectorate Complex Canteen Building Upstairs Sivagangai 4.The Deputy Director of Horticulture Office of the Deputy Director of Horticulture Kattupudukulam Road Joint Director of Agriculture Complex Pudukottai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorari, to call for the records relating to the impugned charge memo passed by the second respondent in his proceedings in No.xegp3/22896/2014 dated 25.02.2015 (served to the petitioner on 04.03.2015) and quash the same as illegal.
For Petitioner : Mr.S.C.Herold Singh For M/s.Ajmal Associates For Respondents : Mr.S.Dhayalan Government Advocate 1/3
O R D E R
The Writ petition has been filed to call for the records relating to the impugned charge memo passed by the second respondent in his proceedings in No.xegp3/22896/2014 dated 25.02.2015 (served to the petitioner on 04.03.2015) and quash the same as illegal.
2. The learned counsel for the petitioner would submit that this Court in M.P(MD).No.2 of 2014 in W.P(MD).No.16463 of 2014 by an order dated 30.09.2014 has granted an order of interim stay of impugned order passed by the third respondent, dated 31.10.2013 and on the same set of facts as mentioned in W.P(MD).No.16463 of 2014, the second respondent has issued a charge memo in his proceedings in No.xegp3/22896/2014 dated 25.02.2015. Therefore, he prays to set aside the impugned charge memo, dated 25.02.2015. 3.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents. 4.Perusal of record shows that when there was a stay pending before this Court, the charge memo has been issued by the second respondent, dated 25.02.2015 on the same set of facts as mentioned in W.P(MD).No.
16463 of 2014, is unsustainable. Therefore, in this circumstance, the charge memo, dated 25.02.2015 shall be deferred till the disposal of the show cause notice in the recovery proceedings as ordered by this Court in W.P(MD).No.16463 of 2014. 5.With the above direction, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) msa To 1.The Principal Secretary to Government State of Tamil Nadu Horticulture Department Secretariat, Chennai 2/3
2.The Director of Horticulture and Plantation Crops Chepauk, Chennai 600 005 3.The Deputy Director of Horticulture Office of the Deputy Director of Horticulture Collectorate Complex Canteen Building Upstairs Sivagangai 4.The Deputy Director of Horticulture Office of the Deputy Director of Horticulture Kattupudukulam Road Joint Director of Agriculture Complex Pudukottai +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-8092[F] dated 25/02/2020 ) and M.P(MD).Nos.1 and 2 of 2015 and WMP(MD).No.23019 of 2018 25.02.2020 MR(CO) TR(26.05.2020)3P 5C 3/3