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K.Mallika Vs The District Collector — Service and Employment | Madras HC (2024)

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Madras HC
2024
K.Mallika Vs The District CollectorK.Mallika v. The District Collector

Dismissed

K.Mallika v. The District Collector

Madras HC16 Dec 2024WP/6571/2022

Case brief

from the order text

What is this about?

No.6571 of 2022 IN THE HIGH COURT OF…

What the court decided

AI extract

Outcome

A

Writ Petition No.6571 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16/12/2024

C O R A M

THE HONOURABLE Mr.JUSTICE VIVEK KUMAR SINGH

Writ Petition No.6571 of 2022

K. Mallika

... Petitioner

Vs

The District Collector O/o. The District Collectorate Cuddalore District.

The Sub-Collector O/o. The Sub-Collector Office Chithambaram District

The Revenue Divisional Officer O/o. The Revenue Divisional Office Chithambaram District.

The Revenue Tahsildar O/o. The Tahsildar Kattumannarkovil Taluk Cuddalore District. ... Respondents

Issues for consideration

1 issue framed by the court

AI extract

1.
Was the dismissal of the petitioner from service without a charge memo or enquiry sustainable given her absence from duty before probation completion?

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226

Parties & counsel

AI extract

petitioner
K. Mallika
respondent
The District Collector, O/o. The District Collectorate, Cuddalore District
respondent
The Sub-Collector, O/o. The Sub-Collector Office, Chithambaram District
respondent
The Revenue Divisional Officer, Chithambaram District
respondent
The Revenue Tahsildar, Kattumannarkovil Taluk, Cuddalore District

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 16 Dec 2024 · December
Registered: 17 Mar 2022
Case no.: WP/6571/2022

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Cite this judgement

K.Mallika v. The District Collector, WP/6571/2022 (MAD), decided on 16 December 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Bench / Coram

Vivek Kumar Singh

Parties & counsel

Dismissed

Issue for consideration

Was the dismissal of the petitioner from service without a charge memo or enquiry sustainable given her absence from duty before probation completion?

A compact analysis

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.

PRAYER : Petition filed under Article 226 of the Constitution of India

praying for the issuance of a writ of certiorarified mandamus to call for the

records relating to the order made in Na.Ka.No.A3/2139/2015 dated

https://www.mhc.tn.gov.in/judis Page No:1/6

Writ Petition No.6571 of 2022

17/8/2020 issued by the fourth respondent and quash the same as illegal and consequently direct the respondents to reinstate the petitioner in service with all consequential benefits with further promotion.

For petitioner ... Mr.R.R.Pradeep For respondents ... Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R.R.1 to 4.

O R D E R

This writ petition has been filed to quash the order dated 17/8/2020, passed by the fourth respondent in Na.Ka.No.A3/2139/2015 and consequently direct the respondents to reinstate the petitioner in service with all consequential benefits with further promotion.

The facts of the case in a nutshell are as follows:-

The petitioner was temporarily appointed as Village Assistant, Aachalpuram Village, vide, order dated 29/5/2014. All said and done, the Officers had started torturing the petitioner mentioning her caste name and fourth respondent dismissed the petitioner from service on 17/8/2020

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

Page No:2/6

Writ Petition No.6571 of 2022

without issuing the charge memo. Being aggrieved the petitioner has come forward with the instant writ petition.

The Tahsildar, Kattumannarkoil, filed a counter affidavit, wherein

it is stated that since the officials had a doubt in the entries made in the certificates of the petitioner, they have decided to get Genuineness certificate from the authorities concerned. On comparison with the copy of the certificates issued by the Head Master with the certificates produced by the petitioner, it was found that the original date of joining in the School i.e.,

1/6/1979 was altered as 1/6/1989.

It is further stated that the District Collector, Cuddalore in his letters dated 30/9/2015, 23/11/2018, 27/9/2019, 1/11/2019 and 1/2/2020 issued instructions to take appropriate action to remove the petitioner from service. At this stage, petitioner submitted a petition on 29/10/2018 to the District Collector, Cuddalore requesting to reinstate her into service.

It is further stated in the counter affidavit that the petitioner herself was absented for duty from March 2015, i.e., before completion of her

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

Page No:3/6

Writ Petition No.6571 of 2022

probation period. Hence, there is no necessity to conduct an enquiry and to take action on the petitioner.

Heard Mr.R.R.Pradeep, learned counsel for the petitioner and

Mr.R.U.Dinesh Kumar, learned Additional Government Pleader for the respondents.

The learned Additional Government Pleader appearing for the

respondents submitted that writ petition is not maintainable either in law or on facts and the same is liable to be dismissed in limine.

Perused the materials available on record.

Admittedly, the petitioner was temporarily appointed as Village

Assistant. On comparison with the copy of the certificates issued by the Head Master with the certificates produced by the petitioner, it was found that the petitioner had produced bogus certificates for the purpose of getting employment and cheated the Government. Since the petitioner herself was absented for duty from March 2015, i.e., before completion of her probation

Page No:4/6

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Writ Petition No.6571 of 2022

period, there is no necessity to conduct an enquiry and take action against the petitioner. In such a view of the matter, this Court is of the considered view that there is no irregularity in the order passed by the fourth respondent and hence no interference is warranted.

In the result, this writ petition is dismissed. No costs.

16/12/2024

mvs.

Index: yes/No

Neutral Citation: Yes/No

To

The District Collector O/o. The District Collectorate Cuddalore District.

The Sub-Collector

O/o. The Sub-Collector Office

Chithambaram District

The Revenue Divisional Officer O/o. The Revenue Divisional Office Chithambaram District.

The Revenue Tahsildar O/o. The Tahsildar Kattumannarkovil Taluk Cuddalore District.

Page No:5/6

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

Writ Petition No.6571 of 2022

VIVEK KUMAR SINGH,J

mvs.

W.P.No.6571 of 2022

16/12/2024

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

Page No:6/6

Coram

AI extract

Vivek Kumar Singh

CNR

HCMA010333602022

Topic

Service and Employment

Bench

Vivek Kumar Singh

Disposal

DISMISSED

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