The Agicultural Production Commisioner v. K.Kalimuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD) No.5989 of 2023 1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai - 600 009.

2.The Director of Agriculture, Agriculture Department, Chepauk, Chennai - 600 005.

... Appellants -vsK.Kalimuthu ... Respondent/ Petitioner Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 04.03.2022, passed in W.P.(MD) No.17711 of 2017, on the file of this

Court.

For Appellants :

Mr.A.Baskaran Additional Government Pleader For Respondents :

Mr.S.Viswalingam

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Almost all the grounds that are available to an employee to challenge an order of punishment have been established as existing in the case on hand.

2. The Writ Court had observed that the disciplinary authority while deviating from the enquiry report has not given any reasons for such deviation, the very charges are vague and the punishment of censure has been imposed after a lapse of more than ten years. It has also been found that the order impunged in the writ petition is a laconic order, which does not contain any reason.

3. Mr.A.Baskaran, learned Additional Government Pleader appearing for the appellant would add that the petitioner was even promoted at the time

when the writ petition was filed. Hence, we do not find any reason to entertain this appeal, therefore, the writ appeal fails and it is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 05.06.2023 NCC : No Index : No Internet : Yes PKN To:

1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture Department, Secretariat, Chennai - 600 009.

2.The Director of Agriculture, Agriculture Department, Chepauk, Chennai - 600 005.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

PKN 05.06.2023