Remanded

Chinna veerappa v. The District Collector

Madras HC5 Dec 2022WP/15164/2022

Case brief

AI extract

What is this about?

The Court quashed an order terminating the petitioner's services for violation of natural justice. The matter was remanded to the respondents for a fresh hearing with a personal hearing. Final orders must be passed within twelve weeks, with no monetary claims pending.

What did the court decide?

Quashed the impugned order of termination; remanded for fresh hearing with personal hearing; directed respondents to pass final orders within twelve weeks.

Chinna veerappa Vs The District Collector — Pension and Retirement Benefits | Madras HC (2022)

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W.P.No.15164 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:05.12.2022

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Coram

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The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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W.P.No.15164 of 2022 and

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W.M.P.No.14545 of 2022

Chinna Veerappa

.. Petitioner

1.The District Collector Erode District, Erode.

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2.The Commissioner, Panchayat Union, Bhavani Sagar, Erode District. .. Respondents

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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 25.04.2022 passed by the first respondent in his proceedings Na.Ka.No.14589/2021/Pa A4 and the quash the same and consequentially directing the respondents to reinstate the petitioner's services with continuity of services and back wages.

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https://www.mhc.tn.gov.in/judis

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W.P.No.15164 of 2022

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For Petitioner : Mr.Titus Enock For Respondents : Mr.D.Ravichander Special Government Pleader for R1 Mr.V.Jeevagiridharan Additional Government Pleader for R2

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ORDER

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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.

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The petitioner has contended that by total non-application

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of mind to the fact that he had completed more than ten years of service as per G.O.Ms.No.38 Rural Development and Panchayat Raj (E5) Department dated 03.05.2013, the respondents without affording any opportunity of personal hearing to him, by violating the principles of natural justice, has terminated the services of the petitioner. The very same issue raised in this writ petition was also raised in the aforesaid writ petition in W.P. No.8195 of 2022 and by order dated 27.10.2022, a very similar impugned order dated 21.03.2022 was

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https://www.mhc.tn.gov.in/judis

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W.P.No.15164 of 2022

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quashed and the matter was remanded back to the third 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 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:

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“ 4. For the foregoing reasons, the impugned order dated 21.03.2022 passed by the 3^rd respondent is hereby quashed and the matter is remanded back to the 3^rd 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 3^rd 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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Since the petitioner is also similarly placed, the impugned

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order dated 25.04.2022 passed by the first respondent is hereby

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https://www.mhc.tn.gov.in/judis

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W.P.No.15164 of 2022

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quashed and the matter is remanded back to the first 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 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.

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With the aforesaid direction, the writ petition stands

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disposed of. No costs. Consequently, connected miscellaneous petition is closed.

05.12.2022

Index:Yes/No mmi

1.The District Collector Erode District, Erode.

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2.The Commissioner, Panchayat Union,

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https://www.mhc.tn.gov.in/judis

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W.P.No.15164 of 2022

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Bhavani Sagar, Erode District.

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https://www.mhc.tn.gov.in/judis

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W.P.No.15164 of 2022

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ABDUL QUDDHOSE,J.

mmi

W.P.No.15164 of 2022

05.12.2022

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https://www.mhc.tn.gov.in/judis

Chinna veerappa v. The District Collector

Case brief

What is this about?

What did the court decide?

Chinna veerappa v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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