C.Mahendran v. The Commissioner

W.P.(MD) No.27191 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.27191 of 2019 and W.M.P.(MD) No.23498 of 2019 C.Mahendran ... Petitioner vs.

1.The Commissioner Hindu Religious and Charitable Endowment Department Chennai-34 2.The Joint Commissioner Hindu Religious and Charitable Endowment Department Tirunelveli-2 3.The Assistant Commissioner Hindu Religious and Charitable Endowment Department 18, Naachi Street Virudhunagar District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records pertaining to the impugned proceedings of the 2nd respondent in Na.Ka.No.12470/2018-3/Aa2 dated 09.11.2019 and quash the same.

For Petitioner :

Mr.K.Muthumalai For Respondents :

Mr.P.Subbaraj Special Government Pleader

O R D E R

The order of recovery, dated 09.11.2019, passed by the second respondent, is sought to be quashed in this writ petition.

2. The petitioner is working as Executive Officer Grade-II in Arulmigu Maiyuranatha Swamy Thirukovil, Pethavanallur, Srivilliputhur. The impugned order states that based on the audit objection dated 30.09.2019, the Authorities found that excess payment has been disbursed in respect of an employee, who was terminated from service.

The audit objection relating to disbursement of money to the employee, who was terminated and subsequently, reinstated in service, is pursuant to the orders passed by the Labour Court. However, there is no reference regarding the opportunity provided to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.27191 of 2019

3. The learned Special Government Pleader appearing for the respondents is unable to establish that a show cause notice has been issued to the petitioner before passing the impugned order. Thus, the impugned order is in violation of the principles of natural justice.

4. In such view of the matter, the writ petition is allowed and the order dated 09.11.2019, passed by the second respondent, is quashed. The matter is remanded back to the respondents for fresh consideration. The respondents are directed to issue a show cause notice to the petitioner setting out the facts and details, within a period of four weeks from the date of receipt of a copy of this order and on receipt of the show cause notice, the petitioner is directed to submit explanation / objection along with documents, if any, within a period of two weeks thereafter. Thereupon, the competent Authority shall consider the explanation and take a decision on merits and in accordance with law and pass final orders as expeditiously as possible. No orders. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department,Tirunelveli-2.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, 18, Naachi Street,Virudhunagar District +1 CC to M/s.SPL GP ( SR-6749[F] dated 17/02/2022 ) W.P.(MD) No.27191 of 2019and W.M.P.(MD) No.23498 of 2019 16.02.2022 RJ(CO) KB(24.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2