The High Court of Madras closed a writ petition challenging a charge memo, noting that final departmental proceedings and punishment orders were already concluded by the District Collector. No further adjudication on the charge memo was deemed necessary. Connected petitions were also closed.
Writ petition closed; no costs; connected miscellaneous petition closed.
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: 26.02.2019
CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.2482 of 2019 and WMP.No.2761 of 2019
M.Manoharan ... Petitioner
Versus 1. The Director, Directorate of Vigilance and Anti Corruption, No.293, MKN Salai, Collectors Nagar, Alandur, Chennai-600 016. 2. The Deputy Superintendent of Police, Vigilance & Anti Corruption Nagapattinam, Kadampadi, Near Sea Shore, Surya Nagar, Nagapattinam - 611 001.
Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of disciplinary proceedings in Na.Ka.No.26965/2012/A.4 dated 16.03.2013 of the 3rd respondent, which is initiated in total contravention of the direction of this Hon'ble Court made in WP.No.224002 of 2011 by an order dated 21.02.2012 and against the fundamental rules of Indian Constitution Article 14,19,20 and 21 and the petitioner's name was deleted from the accused in the Contempt Petition No.1098 of 2011, order dated 28.07.2011 in Crl.Op.No.27695 of 2010 and quash the same and further direct respondents to implement the
order dated 21.02.2011 made in WP.No.22402 of 2011 concerning promotions of the petitioner.
For Petitioner : Mrs.D.Malarvizhi
The present writ petition is filed challenging the impugned charge memo dated 16.03.2013. However, the fact remains that, the enquiry proceedings had already been concluded and a final order in departmental disciplinary proceedings are passed by the District Collector, Nagapattinam, in proceedings dated 29.10.2014.
Sd/-
Assistant Registrar(J)
//True Copy//
Sub Assistant Registrar
Pkn
To
1. The Director,
Directorate of Vigilance and Anti Corruption,
No.293, MKN Salai, Collectors Nagar,
Alandur, Chennai-600 016.
+1cc to Mr.D.Malarvizhi, Advocate, S.R.No.19255 +1cc to the Government Pleader, S.R.No.18928
W.P.No.2482 of 2019
AR(J)
RRS(02/04/2019)
1 issue framed by the court
Whether the writ petition challenging a charge memo should be disposed of when final punishment orders have already been passed in the disciplinary proceedings.
M.Manoharan
The Director, Directorate of Vigilance and Anti Corruption
Deputy Superintendent of Police, Vigilance & Anti Corruption Nagapattinam
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
