Petitioner challenged a charge memo alleging unauthorized permission to desilt a tank. The High Court held the petition premature as proceedings were nascent, permitting an explanation and enquiry rather than a writ order.
The petitioner is permitted to give an explanation to the charge memo, which shall be followed by a report by an enquiry officer.
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.(MD)No.2282 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2022 CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.2282 of 2018 and W.M.P.(MD)No.2495 of 2018 & 17012 of 2019
K.Murugan ...Petitioner
/Vs./
The Chief Engineer, Office of the Engineer-in-Chief (Buildings), Chief Engineer (Buildings), Chennai Region & Chief Engineer (General), Public Works Department, Chepauk, Chennai – 600 005.
...Respondent
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the respondent Charge Memo.No.CII(1)/00150/201610 dated 15.09.2017 and quash the same.
For Petitioner : Mr.S.I.Muthiah
For Respondent : Mr.A.K.Manikkam Special Government Pleader
ORDER
The challenge is to a charge memo dated 15.09.2017 that has been issued to the petitioner on the ground that he had no authority to permit the desilting of Bramanankulam tank in Kezha vallanadu Village of Thoothukudi District.
2.Though the learned counsel for the petitioner would make an attempt to state that it was a tank belonging to the Public Works Department (PWD) and that the permission to desilt, which has admittedly been given by the petitioner, was based upon the request of the Forest Officer, Thiruvaigundam, the contention raised by the petitioner is repelled by the respondent, who submits that he had no such authority, whether the tank came under the purview of PWD or the Panchayat Union.
3.Since the proceedings are at the stage of charge memo which is nascent, I find this writ petition premature. Petitioner is permitted to give an explanation to the charge memo and upon receipt thereof, he shall be heard, the report of the enquiry officer prepared and further proceedings taken up in accordance with law.
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W.P.(MD)No.2282 of 2018
4.All contentions are left open to be agitated before the enquiry officer and the authorities, if the occasion arises and an outer timeframe of eight weeks is fixed for this purpose. This writ petition is disposed as above. There is no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
Assistant Registrar (T&P)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
sm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
The Chief Engineer,
Office of the Engineer-in-Chief (Buildings), Chief Engineer (Buildings),
Chennai Region & Chief Engineer (General), Public Works Department, Chepauk, Chennai – 600 005.
+1 CC to M/s.SPL.GP ( SR-2575[F] dated 27/01/2022 )
+1 CC to M/s.K.C.MANIYARASU, Advocate ( SR-2899[F] dated 28/01/2022 )
RK(07/02/2022) 2P 4C
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2 issues framed by the court
Whether an affray whose proceedings are at the nascent stage constitute a threat to the petitioner making the writ petition premature.
Whether the petitioner is required to give an explanation to the charge memo before the writ petition proceeds.
1 provisions across 1 enactments
K.Murugan
The Chief Engineer, Office of the Engineer-in-Chief (Buildings), Chief Engineer (Buildings), Chennai Region & Chief Engineer (General), Public Works Department,
DR.JUSTICE ANITA SUMANTH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
