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Madras High CourtWP(MD)/26476/2025allowed

N.Maruthupandi v. The State Of Tamil Nadu

2025-10-13Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.26476 of 2025 and W.M.P(MD)Nos.20545 and 20548 of 2025 Dr.N.Maruthupandi Veterinary Surgeon, Veterinary Hospital, Ramanathapuram.

...Petitioner

Vs 1.The State of Tamil Nadu, Rep.By its., Additional Chief Secretary to Government, Department of Animal Husbandry, Dairying, Fisheries, Secretariat, Chennai.

2.The Director, O/o.Directorate of Animal Husbandry and Veterinary Services, Integrated Animal Husbandry and Fisheries Department Office Complex, Veterinary Hospital Compound, Nandanam, Chennai - 35.

3.The Regional Joint Director of Animal Husbandry, O/o. the Regional Joint Director of Animal Husbandry Animal Husbandry Department, Ramanathapuram.

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4.The District Level Committee, Represented by its President, District Social Welfare Office, No.234, 1st Floor, Collectorate Campus, Namakkal-637003.

5.Dr.Samundeeshwari, Veterinary Assistant Surgeon Bommampatti Veterinary Dispensary, Bommampatti.

Namakkal District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the second respondent vide his proceedings in Na.Ka.No.1986/L3/2024 dated 09.09.2025 and quash the same as illegal.

For Petitioner : Mr.H.Mohammed Imran For M/s.Ajmal Associates For R1 to R4 : Mr.M.Siddharthan Additional Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order passed by the second respondent vide his proceedings in Na.Ka.No. 1986/L3/2024 dated 09.09.2025.

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2. Under the order impugned herein, the petitioner has been imposed with the punishment of stoppage of increment for a period of six months from the date of the order, on a charge of delinquency under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (herein after referred to the Act).

3. A perusal of the order impugned does not disclose that the petitioner has been dealt with as per the provisions of the Service Rules applicable to him and there has been no reference to any show cause notice having been issued by the disciplinary authority pursuant to the report of the Local Committee. Hence, this Court had directed the Additional Government Pleader to produce the files of the Local Committee.

4. Today, when the matter was taken up for hearing, the files were produced. It is seen that the report has been forwarded by the Local Committee to the second respondent on 06.01.2025. However, the file 3/6

also does not disclose that a copy of the report was given to the petitioner as required under Section 13(1) of the Act.

5. In such view of the matter, the impugned order is in violation of Section 13(1) of the Act and for that reason, the order impugned herein is liable to be set aside. Accordingly, the impugned order dated 09.09.2025 is set aside.

6. In fine, the writ petition stands allowed, with liberty to the second respondent to proceed in accordance with the Rules prescribed for taking disciplinary action against the petitioner in this regard. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

13.10.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 4/6

To:

1.The Additional Chief Secretary to Government, Department of Animal Husbandry, Dairying, Fisheries, Secretariat, Chennai.

2.The Director, O/o.Directorate of Animal Husbandry and Veterinary Services, Integrated Animal Husbandry and Fisheries Department Office Complex, Veterinary Hospital Compound, Nandanam, Chennai - 35.

3.The Regional Joint Director of Animal Husbandry, O/o. the Regional Joint Director of Animal Husbandry Animal Husbandry Department, Ramanathapuram.

4.The President, The District Level Committee, District Social Welfare Office, No.234, 1st Floor, Collectorate Campus, Namakkal-637003.

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K.KUMARESH BABU , J.

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