This appeal was dismissed. The Single Judge correctly observed that a writ petition challenging an inquiry report cannot be entertained while the department is yet to pass a final order. The court directed the competent authority to pass orders within four weeks.
Directed the first respondent to pass orders within four weeks.
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: 24.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A.No.33 of 2022
S. Thiagarajan ... appellant
Vs
... respondents
Appeal filed against the order passed by this Court dated 06.12.2021 in WP No.25778 of 2021.
Prayer in WP No.25778 of 2021 : Praying for issuance of a Writ of Certiorari to call for the records of the respondent in connection with the impugned order passed by the respondent in No. E2/ 20545/ 2011-I dated 02.01.2019 and the enquiry report submitted by the 2nd respondent, dated 27.05.2020 and quash the same.
For Appellant : Mr. S. Sivkumar For Respondents : Mr. Arun Natarajan, Special Government Pleader
JUDGMENT
(made by M.DURAISWAMY, J.)
Challenging the order passed in W.P.No.25778 of 2021, the writ petitioner has filed the above writ appeal.
disciplinary proceedings, then it is open to challenge the order passed by the competent authority, if he is aggrieved, in accordance with law.
petition. We do not find any ground to interfere with the order passed by the learned Single Judge. The appeal is devoid of merits and the same is dismissed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
mrn
To
+1cc to Mr.S.Sivakumar, Advocate, S.R.No.4603
W.A.No.33 of 2022
RSV(CO) SB(10/02/2022)
3 issues framed by the court
Whether the writ court can entertain a challenge to an inquiry report when the final order has not yet been passed.
Whether the appellate authority should be directed to pass orders on the departmental inquiry within a specific time frame.
Whether an acquittal in a criminal case automatically bars the initiation of departmental action against an official.
Colour shows how this judgement treated each authority
(none listed in text)Referred¶25
1 provisions across 1 enactments
S. Thiagarajan
The Additional Chief Secretary/Commissioner, Commercial Taxes, Chepauk, Chennai
The Deputy Commissioner/Enquiry Officer, Commercial Taxes Department (ST) (FAC), Cuddalore
M. DURAISWAMY
J. SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
