The Court held the petitioner similarly placed to a previous case, quashed the termination order, and remanded the matter for fresh consideration with a personal hearing.
The impugned order dated 17.05.2022 was quashed and remanded to the first respondent for a fresh hearing with one personal hearing before passing final orders.
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.
W.P.No.14109 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:05.12.2022
Coram
The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.14109 of 2022 and W.M.P.No.13338 of 2022
Mallappa
.. Petitioner
Vs
.. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the entire records relating to the order dated 17.05.2022 passed by the first respondent in his proceedings Na.Ka.No.Ni.3/1659/2022 and the consequential order of the second respondent dated 17.05.2022 in Na.Ka.No.1552/2022/A1 and quash the same and consequentially directing the respondents to reinstate the services of the petitioner with continuity of services and back wages.
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| For Petitioner | : | Mr.Titus Enock |
|---|---|---|
| For Respondents | : | Mr.D.Ravichander |
| Special Government Pleader for R1 |
||
| No appearance for R2 |
ORDER
The grievance of the petitioner in this writ petition is similar to the one which was raised by another petitioner in W.P. No.8195 of 2022.
W.P.No.14109 of 2022
one personal hearing. The third respondent was also directed to pass final orders within a period of twelve weeks from the date of receipt of a copy of the order. The direction issued by this Court on 27.10.2022 in W.P. No.8195 of 2022 which is an identical matter to the present one is extracted hereunder:
“ 4. For the foregoing reasons, the impugned order dated 21.03.2022 passed by the 3rd respondent is hereby quashed and the matter is remanded back to the 3rd respondent for fresh consideration on merits and in accordance with law after affording a fair hearing to the petitioner including providing him with one personal hearing. The 3rd respondent shall pass final orders within a period of twelve weeks from the date of receipt of a copy of this order. If the petitioner succeeds in the enquiry proceedings, the respondents shall pay his arrears of salary immediately thereafter.”
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W.P.No.14109 of 2022
one personal hearing. The first respondent shall pass final orders within a period of twelve weeks from the date of receipt of a copy of this order. If the petitioner succeeds in the enquiry proceedings, the respondents would pay his arrears of salary immediately thereafter. However, it is made clear that till final orders are passed, the petitioner would not claim any monetary benefits from the respondents and shall not make any claim to rejoin duty.
disposed of. No costs. Consequently, connected miscellaneous petition is closed.
05.12.2022
Index:Yes/No mmi
To
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W.P.No.14109 of 2022
ABDUL QUDDHOSE,J.
mmi
W.P.No.14109 of 2022
05.12.2022
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1 issue framed by the court
Whether the Court should quash the termination order and remand the matter for a fresh hearing with natural justice safeguards.
Mallappa
The District Collector Namakkal District, Namakkal
The Commissioner, Panchayat Union, Sendamangalam, Namakkal District
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
