Balakrishnan.M.D v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.25609 of 2023 and WMP(MD) Nos.21795, 21796 of 2023 and 837 of 2024 Balakrishnan.M.D ... Petitioner Vs 1.The Principal Secretary, Municipal Administration and Water Supply Department, Secretariat, Chennai - 9.

2.The Director of Municipal Administration, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 28.

3.The Commissioner, Sivakasi Corporation, Sivakasi, Virudhunagar District.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarifed Mandamus, to call for the records on the file of the 3rd respondent in connection with the impugned charge memo issued by him vide his proceedings in Na.Ka. No.123/2022/C1 dated 26.10.2022 and quash the same as illegal, arbitrary and consequently direct the 3rd respondent to promote the petitioner to the post of Junior Engineer based on his seniority in the light of the proceedings of the 2nd respondent dated 30.09.2023.

For Petitioner : Mr.G.Thalaimuthurasu For R1 & R2 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R3 : Mrs.S.Devasena Standing Counsel

O R D E R

This petitioner, who is working as a overseer in Sivakasi Corporation, Virudhunagar District was issued with a charge memo, vide proceedings in Na.Ka. No.123/2022/C1, dated 26.10.2022 and the same is under challenge in this writ petition. 2/6

2.The learned counsel appearing for the petitioner submits that the charge memo does not disclose any details with regard to the delinquency committed by the petitioner. The learned counsel for the petitioner has attacked the charge memo on the ground of vagueness.

3.This Court considered the submissions made by the learned counsel for the petitioner and also perused the impugned charge memo, dated 26.10.2022.

4.Perusal of the charge memo discloses that as pointed out by the learned counsel for the petitioner, the details such as date, the manner in which, the delinquency has been committed have not been placed in a proper manner in the charge memo. In view of the above, this Court is inclined to set aside the impugned charge memo, on this ground.

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5.Accordingly, the impugned charge memo, dated 26.10.2022 is set aside. This writ petition is disposed of with liberty to the respondent Corporation to issue a fresh charge memo along with the relevant/required details. No costs. Consequently, connected Miscellaneous Petitions are closed. 07.01.2026 NCC: Yes/No Index:Yes/No Internet:Yes vrn 4/6

To 1.The Principal Secretary, Municipal Administration and Water Supply Department, Secretariat, Chennai - 9.

2.The Director of Municipal Administration, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 28.

3.The Commissioner, Sivakasi Corporation, Sivakasi, Virudhunagar District.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.25609 of 2023 and WMP(MD) Nos.21795, 21796 of 2023 and 837 of 2024 07.01.2026 6/6