M,Kalamegam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)Nos.20169 & 20172 of 2024 M.Kalamegam : Petitioner Vs.
1.The District Collector, Karur.
2.The Personal Assistant to District Collector, Karur.
3.The Assistant Director of Panchayats, Karur District, Karur.
4.The Block Development Officer, Krishnarayapuram Panchayat Union, Karur District.
5.The Mahathanapuram Panchayat, Through its President, Krishnarayapuram Panchayat Union, Karur District.
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6.The Director of Rural Development, Chennai.
: Respondents [R6 is suo motu impleaded as 6th respondent vide order dated 04.10.2024] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records relating to the impugned proceedings of the first respondent in Na.Ka.Pa.Va. 6/5484/2015, dated 25.04.2022 and quash the same. For Petitioner : Mr.VR.Shanmuganathan For Respondents 1 to 3 : Mr.S.Shaji Bino Special Government Pleader For Respondents 4 & 5 : Mr.B.Saravanan Additional Government Pleader
O R D E R
The instant writ petition has been filed by a Panchayat Secretary challenging the final orders passed in the departmental proceedings dated 25.04.2022, wherein he was dismissed from service.
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2.Challenging the said order, the petitioner has preferred an appeal before the Director of Rural Development Department on the ground that the punishment order has been imposed in violation of the principles of natural justice. So far, the Director of Rural Development has not passed any orders. Therefore, the petitioner has filed the instant writ petition challenging the order of the disciplinary authority.
3.Since the appeal has been preferred before the Director of Rural Development, this Court suo motu impleads the Director of Rural Development, Chennai as sixth respondent. 4.In view of the fact that the petitioner has already filed an appeal before the Director of Rural Development, unless orders are passed by the appellate authority, the question of entertaining the present writ petition would not arise.
5.In view of the above said facts, the sixth respondent herein is directed to dispose of the appeal within a period of twelve [12] weeks from the date of receipt of a copy of this order, after giving due opportunity to the writ petitioner herein. 3/6
6.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
04.10.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6
To 1.The District Collector, Karur.
2.The Personal Assistant to District Collector, Karur.
3.The Assistant Director of Panchayats, Karur District, Karur.
4.The Block Development Officer, Krishnarayapuram Panchayat Union, Karur District.
5.The Mahathanapuram Panchayat, Through its President, Krishnarayapuram Panchayat Union, Karur District.
6.The Director of Rural Development, Chennai.
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R.VIJAYAKUMAR , J.
MR 04.10.2024 6/6