Dismissed

S.Balu, Deputy Inspector of v. the Commissioner of Labour

Madras HC20 Mar 2017WP(MD)/15898/2015

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging an amended charge memo. It held that the memo on 24.07.2015 substituted a previous one on the same cause of action and lacked merit. Consequently, the petition to quash and the orders against it were closed.

What did the court decide?

The Writ Petition was dismissed. Connected Misc. Petitions were closed. Petitioner is directed to defend departmental proceedings.

S.Balu, Deputy Inspector of Vs the Commissioner of… — Service and Employment | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2017 CORAM THE HONOURABLE MR.JUSTICE S.S.SUNDAR

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W.P.(MD).No.15898 of 2015 and W.M.P.(MD) Nos. 1 and 2 of 2015

S.Balu

... Petitioner

Vs.

1.The Commissioner of labour, D.M.S.Complex, Teynampettai,

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Chennai-600 006.

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2.The Joint Commissioner of Labour, Tamil Nadu Housing Board, (1^st Floor), Ellis Nagar,

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Madurai-625 016.

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3.The Deputy Commissioner of Labour,

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106.Trivandram Road, Palayamkottai, Tirunelveli- 627 002.

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4.The Inspector of Labour,

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106.Trivandram Road, Palayamkottai, Tirunelveli- 627 002.

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... Respondents

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PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the Charge Memo Na.Ka.No.A/6941/2014, dated 26.02.2015 and Revised Charge Memo Na.Ka.No.A/6941/2014, dated 24.07.2015 issued by the 4^th respondent and quash the same and consequently direct the respondents to include the name of the petitioner in the panel Deputy Inspectors of Labour fit for promotion to the post of Labour Officer, being prepared in pursuance of the Memorandum No.E2/38690/2014, dated 27.01.2015 of the 1^st respondent, based on the 'No Adverse remarks' report and 'recommendation' given by the 4^th respondent on 25.02.2015, i.e. prior to the issue of Charge Memo and to promote the petitioner to the post of Labour officer with all service and monetary benefits.

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For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.J.Gunaseelan Muthiah Government Advocate ***

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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This Writ Petition is filed challenging the Charge Memo dated 24.07.2015.

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2.The contention of the petitioner is that on the same set of allegations earlier, a charge memo was issued by the fourth respondent on 26.02.2015. A reading of the charge memo, dated 24.07.2015, which is impugned in the present Writ Petition, shows that the charge is amended and the present charge memo is in continuation of the charge memo which was previously given to the petitioner.

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3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

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4.Since the previous charge memo is substituted by the modified / amended charge memo, which is impugned in the present Writ Petition, the same cannot be treated as a second Charge Memo on the same cause of action, as contented by the learned counsel for the petitioner. There is no substance or merit in the Writ Petition and the same is liable to be dismissed.

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5.In the result, this Writ Petition is dismissed. No costs. However, it is open to the petitioner to submit his explanation and defend the departmental proceedings in the manner known to law. Consequently, connected Miscellaneous Petitions No.1 and 2 of 2015 are closed.

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Sd/-

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Assistant Registrar (CS-II)

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/True copy/

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Sub Assistant Registrar

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1.The Commissioner of labour, D.M.S.Complex, Teynampettai, Chennai-600 006.

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2.The Joint Commissioner of Labour, Tamil Nadu Housing Board, (1^st Floor), Ellis Nagar,

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Madurai-625 016.

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3.The Deputy Commissioner of Labour, https://hcservices.ecourts.gov.in/hcservices/ 106.Trivandram Road, Palayamkottai, Tirunelveli- 627 002.

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4.The Inspector of Labour, 106.Trivandram Road, Palayamkottai,

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Tirunelveli- 627 002.

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+1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 16209

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+1 CC to M/s.VICTORY ASSOCIATES, Advocate, SR No. 16418 CMR/GSP

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PSM/MR/SAR2/28.03.2017/3P/7C

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W.P.(MD).No.15898 of 2015

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20.03.2017

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https://hcservices.ecourts.gov.in/hcservices/

S.Balu, Deputy Inspector of v. the Commissioner of Labour

Case brief

What is this about?

What did the court decide?

S.Balu, Deputy Inspector of v. the Commissioner of Labour

Case brief

What is this about?

What did the court decide?

What the court decided

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