Tmt.M.Priya, v. The Principal District Judge
Case brief
What is this about?
This writ petition challenges a show cause notice issued to a probationer judge. The Court holds that the notice is unsustainable as it declared the decision to discharge the petitioner before affording a chance to be heard.
What did the court decide?
The impugned show cause notice dated 04.05.2017 is set aside.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.12.2017
Coram
The Honourable Mr.Justice RAJIV SHAKDHER and The Honourable Mr.Justice N.SATHISH KUMAR
Writ Petition No.13480 of 2017
and W.M.P.Nos.14553 & 14554 of 2017
M.Priya .. Petitioner Vs. 1. The Principal District Judge, Salem. 2. The Subordinate Judge, Attur. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking Writ of Ceritorari, calling for the entire records connected with the impugned memo, passed by the 1st respondent, dated 04.05.2017 and quash the same.
- For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.Mahesh for Mr.V.Vijayashankar - - - - - O R D E R
(Order of the Court was delivered by RAJIV SHAKDHER,J.)
- The writ petitioner seeks to challenge the show cause notice dated 04.05.2017. The translated copy of the show cause notice is also produced. The operative part of the show cause notice reads as follows:
Issues for consideration
3 issues framed by the court
Whether a show cause notice terminating probation on grounds of general inefficiency suffices or if specific charges attract Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
Whether a show cause notice is legally sustainable if it reflects predisposition to discharge the petitioner before affording a hearing.
Whether the First Respondent can technically consider the discharge while issuing a show cause notice on probation.
Parties & counsel
- petitioner
M.Priya
- respondent
The Principal District Judge, Salem
- respondent
The Subordinate Judge, Attur
Coram
Case details
As recorded by the court registry
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