Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 8137 of 2025 And W.M.P.No. 9114 of 2025 A.Senthilkumar ... Petitioner ..Vs..
1. The Regional Manager Cuddalore Region, Cuddalore-1.
2. The Deputy Manager (P&O)
Chidambaram. ... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned orders viz., (i) No.D1/000108/2024 dated 16.10.2024 and (ii) No.D1/000108/2024 dated 28.10.2024 both issued by the first respondent and quash the same in so far as it relates to the petitioner herein and consequently direct the respondents to provide employment to the petitioner as Seasonal Bill Clerk.
For Petitioners :: Mr. K.Premkumar For Respondents :: Mr. C.Selvaraj Panel Advocate
ORDER
The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to an order dated 16.10.2024 and another order dated 28.10.2024 both issued by the first respondent and quash the same.
2. It is contended on behalf of the writ petitioner that both the
aforementioned orders had been passed without hearing the petitioner herein. The petitioner had been appointed as Bill Clerk under the respondent Corporation. He had been posted to Cuddalore as Seasonal Bill Clerk. It had been stated that he joined duty on 09.09.2024 and had been working without any complaint. On 16.10.2024, an inspection was conducted and a report had been submitted to the second respondent. The petitioner was relieved from the post of Seasonal Bill Clerk on administrative reasons with effect from 16.10.2024 afternoon and his name
was included in the Black List for a period of three years along with another Seasonal Bill Clerk, who was in-charge of the Direct Procurement Centre. Questioning these orders, the Writ Petition has been filed.
3. It is contended that pending the Writ Petition, the respondents have initiated proceedings in manner known to law and had issued a show cause notice to the petitioner herein.
4. The learned counsel for the petitioner stated that an explanation
has also been given to the show cause notice. The respondents must now proceed further with conducting enquiry or accept the explanation and drop further proceedings but at any rate, since appropriate proceedings have again been initiated, the impugned orders are set aside and the respondents are directed to proceed further from the stage of issuance of show cause notice which had already been issued and take into consideration the explanation given by the petitioner herein and proceed further in manner known to law.
5. The Writ Petition Stands allowed since the impugned orders are
set aside. If the petitioner co-operates during the enquiry, the respondents may endeavour to complete the enquiry process within a period of three months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition stands closed. No order as to costs. 16.04.2025 vsg Index: Yes/No Internet: Yes/No To
1. The Regional Manager Cuddalore Region, Cuddalore-1.
2. The Deputy Manager (P&O) Chidambaram. C.V.KARTHIKEYAN, J., vsg W.P.No. 8137 of 2025 And W.M.P.No. 9114 of 2025 16.04.2025