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Madras High CourtWP(MD)/28679/2024dismissed

K. Sabapathy v. The State Of Tamil Nadu

2025-12-17Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.28679 of 2024 and W.M.P(MD).Nos.24310 and 24311 of 2024 K.Sabapathy ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Additional Chief Secretary, Department of Rural Development and Panchayat Raj, Fort St. George, Chennai - 600 009.

2.The Director, Department of Rural Development and Panchayat Raj, Panagal Building, Saidapettai, Chennai - 600 015.

3.The District Collector, Office of the District Collector, Pudukottai District - 622 001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari to call for the records of the proceedings of the 3rd respondent in Na.Ka.Pa.1/6723/2024-4 dated 13.08.2024 under rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules 1973 and to quash/cancel the impugned order and such disbursed amount of Rs.40,575/- was issued to the beneficiary P.Mariammal without the

petitioners knowledge and signature (issued without counter signature of the concerned Assistant Engineer/Block Engineer) and it would put the petitioner in irreparable loss and untold hardship.

For Petitioner : Mr.Ramesh Mahadev For Respondents : Mr.J.K.Jeyaseelan Government Advocate

O R D E R

Challenging the charge memo issued by the third respondent, the petitioner has filed the instant writ petition.

2. It is the contention of the petitioner that while serving as an Assistant Engineer in Kundrandar Kovil Panchayat Union Office, he came into adverse notice and hence, charge memo has been issued against him. As against the said charge memo, he has filed this writ petition that he is no way connected with the charges. However, for the delinquency committed by the erstwhile engineer, namely, Gurunathan, a charge memo has been issued against him and that too in order to prevent him from getting his promotion.

3. Though the petitioner has raised several grounds, the same can be appreciated only during the course of enquiry. The Hon'ble Supreme Court has repeatedly held that at the stage of a charge memo, the Court is not required to

interfere, unless the charge memo is issued without any authority, with mala fide intention or if the charges are vague. None of these grounds are attracted in respect of a charge memo impugned in this writ petition. Therefore, this Court dismisses this Writ Petition with a liberty to the petitioner to raise all the grounds raised in this petition during the enquiry. The enquiry shall be conducted in a fair and appropriate manner and the same shall be concluded within a period of 6 months from the date of receipt of a copy of this order. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 17.12.2025 NCC : Yes/No Index :Yes/No Rmk To 1.The Additional Chief Secretary, Department of Rural Development and Panchayat Raj, Fort St. George, Chennai - 600 009.

2.The Director, Department of Rural Development and Panchayat Raj, Panagal Building, Saidapettai, Chennai - 600 015.

3.The District Collector, Office of the District Collector, Pudukottai District - 622 001.

B.PUGALENDHI,J.

Rmk WP(MD)No.28679 of 2024 17.12.2025