Retired Assistant Project Officer challenged a censure order imposed for alleged leave irregularities. The Court held the reprimand was a minor penalty and dismissed the writ petition, finding no merit in the appeal.
Writ of Certiorari to quash the censure order dismissed; no costs.
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: 06.06.2018
CORAM
THE HON'BLE MR.JUSTICE V.PARTHIBAN
W.P.No. *11379 of 2011
K.R.Appavu
... Petitioner
Vs.
Rural Development and Panchayat Raj,
Panagal Building, Saidapet, Chennai – 15. ... Respondents
Prayer : Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, to call for the records pertaining to order bearing No.49629/07/DPC 1.1 dated 20.12.2007 of the second respondent herein and the consequential order bearing Letter No.39851/2008/DPC 1.1 dated 14.07.2008 of the second respondent herein and quash the same with all consequential benefits.
For petitioner : Mr.C.Santhosh Kumar for M/s. A.L.Gandhimathi
For Respondents : Mrs.P.Rose kamalam
Additional Government Pleader
O R D E R
Heard Mr.C.Santhosh Kumar, learned counsel for the petitioner and Mrs.P.Rose kamalam, learned Additional Government Pleader appearing for the respondents.
“To issue a Writ of Certiorari, to call for the records pertaining to order bearing No.49629/07/DPC 1.1 dated 20.12.2007 of the second
respondent herein and the consequential order bearing Letter No.39851/2008/DPC 1.1 dated 14.07.2008 of the second respondent herein and quash the same with all consequential benefits.”
The petitioner is a retired State Government Servant who attained the age of superannuation on 31.05.2010. Before his retirement, he was working as Assistant Project Officer, (EAS) at District Rural Development Agency, Coimbatore. While working as Assistant Project Officer (Tsunami) Ramanathapuram, he was issued with the charge memo under Rule 17(a) of Tamil Nadu Civil Service (Discipline & Appeal) Rules alleging that he availed casual leave and unearned leave without getting prior permission from the competent authority. It was also alleged that he left the headquarters without getting prior permission from the authority. The petitioner had given his explanation, but the same was found to be not satisfactory. Thereafter, he was imposed with the punishment of censure by proceedings dated 20.12.2007. The said order is put to challenge in the present writ petition.
grievances against such innocuous punishment, particularly, in this case the petitioner stood retired long ago from service.
Sd/-
Assistant Registrar(CS VII) Dated : 26/06/2018
*Corrected as per letter dated 07.08.2019 and made herein
Sd/-
Assistant Registrar
Dated : 16/08/2019
//True copy//
Sub Assistant Registrar
gsk
To be substituted to
To the order already
dispatched on
1. The Secretary to Government, 0 2/07/2018
Rural Development & Panchayat Raj,
Fort St. George, Chennai -9.
2. The Commissioner,
Rural Development and Panchayat Raj,
Panagal Building,
Saidapet, Chennai – 15.
+1cc to Mr.A.L.Gandhimathi, Advocate SR.No.35420
+1cc to Government Pleader SR.No.35330
W.P.No.11379 of 2011
SV(CO) GN(27/06/2018) GMY(20/08/2019)
3 issues framed by the court
Whether a retired government servant has any grievances against a minor punishment of censure imposed for alleged misconduct while in service?
Whether the Writ of Certiorari should be issued to quash the order imposing censure?
Whether the explanation given for availing leave without prior permission was properly considered by the authority?
2 provisions across 2 enactments
K.R.Appavu
The Government of Tamil Nadu Rep. by its Secretary to Government, Rural Development & Panchayat Raj, Fort St. George, Chennai -9
The Commissioner, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai – 15
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
