Single Judge permitted the petitioner to defend in an enquiry by rejecting the prayer to quash the enquiry call letter, holding that mere notice without jurisdiction or illegality is not amenable to writ intervention.
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.10086 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2023
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10086 of 2015
M.Akber Hussain
.. Petitioner
vs
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W.P.No.10086 of 2015
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari, calling for the records of the 1st respondent in Na.Ka.A7/1802/14 dated 23.03.2015 and quash the same.
For the Petitioner : Mr.R.Dinesh for M/s Ahmad Associates For the Respondents : Mr.T.Arun Kumar Additional Government Pleader for respondent 1 No Appearance for respondent 2 Mrs.N.K.Nithilavani Central Govt. Standing Counsel for respondent 3 Mr.G.Pugazhendhi for respondents 4 to 17 Mr.P.Nagaraju for respondent 18
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W.P.No.10086 of 2015
ORDER
The call letter for enquiry issued by the Revenue Divisional Officer in
proceedings dated 23.03.215 is sought to be quashed in the present writ petition.
cause to the writ petitioner to file a writ petition. A show cause notice or such call letters for enquiry can be challenged only if it is issued by any
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W.P.No.10086 of 2015
acceptable ground for the purpose of interfering with the enquiry call letter and therefore, the petitioner is at liberty to participate in the enquiry and defend his case in the manner known to law.
no order as to costs.
Index : Yes/No 09.03.2023 Neutral Order:Yes/No (2/2) drm
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W.P.No.10086 of 2015
To:
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W.P.No.10086 of 2015
S.M.SUBRAMANIAM,J.
(drm)
W.P.No.10086 of 2015
09.03.2023 (2/2)
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1 issue framed by the court
Whether a mere call letter for enquiry without jurisdiction or illegalities warrants issuance of writ of Certiorari to quash it.
1 provisions across 1 enactments
M.Akber Hussain
The Revenue Divisional Officer Ranipet
National Commission for Scheduled Castes
The Secretary to Government of Tamil Nadu
Vasuki
M.Chandra
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
