s.Manju v. The District Collector
Case brief
What is this about?
The High Court distinguished the petitioner's request for immediate quashing of a charge memo under natural justice principles. While noting that defendants are entitled to documents used in charges, the Court found no enquiry officer appointed yet. It granted the respondent a week to furnish documents and the petitioner two weeks to reply before further disposal.
What did the court decide?
Grant of a week to the respondent to furnish documents relied upon in the charge memo; petitioner granted two weeks thereafter to submit detailed explanation.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.6411 of 2018
S.Manju .. Petitioner
-vs-
The District Collector Villupuram .. Respondent
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records relating to the respondent vide proceeding No.Roc.No.A1/10067/2017 dated 2.8.2017 and to quash the same.
For Petitioner :: Mr.S.Vijayakumar For Respondent :: Mr.V.Jayaprakash Narayanan Special Government Pleader ORDER
This writ petition is directed against the impugned charge memo dated 2.8.2017 containing three allegations against the petitioner.
- Learned counsel for the petitioner, attacking the validity of the charge memo, submitted that the petitioner was posted only as Revenue Inspector Kanai Firka, Villupuram Taluk on 15.9.2015 to undergo Revenue Inspector training for a period of minimum two years. When she has joined only on 15.9.2015 and served upto 23.11.2017, during this period, the Government of Tamil Nadu issued a letter Ms.No.25, Social Welfare and Nutritious Meal Programme Department dated 17.4.2015 and G.O.Ms.No.26, Social Welfare and Nutritious Meal Programme (SW6 (1) Department dated 17.4.2015 for all the poor deserving persons to get the benefit of Indira Gandhi National Old Age Pension Scheme (IGNOAPS), old age persons/Indira Gandhi National Old Age Pension Scheme (IGNWPS)/Destitute Widow Pension Scheme (DWPS)/Destitute/differently abled pension scheme (DDPS), Destitute Deserted Women Pension (DDWPS), Unmarried Women Pension Scheme (UWPS) and Chief Ministry Uzhavar Padukappu Thittam (CMUPT). The modus operandi shows that as and when the
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to the immediate quashing of the charge memo under Article 226 due to non-service of documents relied upon in the charge sheet.
Whether the survey officer appointed under GOs dated 17.04.2015 can be held responsible for inaccuracies regarding previous period applications she did not verify.
Whether the respondent must furnish documents relied upon in the charge memo before the enquiry officer appoints the petitioner to provide a detailed explanation.
Parties & counsel
- petitioner
S. Manju
- respondent
The District Collector Villupuram
Coram
T. Raja
Case details
As recorded by the court registry
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