A sanitary worker dismissed after criminal conviction challenged his termination, arguing the offence was unconnected with employment. The Court held that Rule 17(c) mandates termination on conviction regardless of connection with employment, found no merit, and dismissed the writ petition.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.8219 of 2024
and
W.M.P(MD)Nos.7424 & 7429 of 2024
M.Balamurugan
... Petitioner
Vs.
1.The Director of Town Panchayats, 8th Floor, Urban Administrative Office Campus, Chennai – 620 028.
2.The District Collector, Thanjavur District, Thanjavur.
3.The Assistant Director of Town Panchayat, Thanjavur Zone, Thanjavur.
4.The Executive Officer, Thirukkattupalli Town Panchayat, Thirukkattupalli, Thanjavur District.
5.The President, Thirukattupalli Town Panchayat, Thirukkattupalli, Thanjavur District. ...Respondents
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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of dismissal passed by the 4th respondent's proceedings No. 83/2021, dated 14.11.2023 and to quash the same and consequentially direct the 4th respondent to issue continuity of service to the petitioner.
For Petitioner : Mr.M.R.Sreenivasan
For Respondents : Mr.S.S.Madhavan Government Advocate
ORDER
The instant writ petition has been filed by a sanitary worker working in the Town Panchayat, challenging his order of termination, dated 14.11.2023 passed by the fourth respondent herein.
2.The petitioner was implicated in a criminal case in Crime No.239 of 2011 for the alleged incident that took place on 04.11.2011. The petitioner was convicted by the trial Court in C.C.No.239 of 2012, dated 18.03.2015 by the learned Judicial Magistrate, Thiruvaiyaru, imposing a punishment of three months imprisonment. The said order was confirmed by the appellate Court in C.A.No.24 of 2015, dated 06.07.2015 on the file of the learned III Additional District and Sessions Court, Thanjavur. The petitioner has challenged the said
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order of conviction in Crl.R.C.(MD)No.330 of 2015 before this Court. By an order dated 06.11.2020, the conviction was confirmed by this Court.
3.Based upon the confirmation of conviction, the present impugned order has been passed by the fourth respondent on 14.11.2023 invoking Rule 17(c) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, imposing punishment of termination of service. This order is under challenge in the present writ petition.
4.According to the learned Counsel appearing for the writ petitioner, the petitioner was involved in a criminal case which was not connected with his employment and therefore, the authorities were not right in terminating the services of the writ petitioner, on the basis of the conviction order of the criminal Court. He further contended that the punishment order imposed by the disciplinary authority should be commensurate with the allegations made as against the writ petitioner.
5.I am not convinced with the submission of the learned Counsel appearing for the writ petitioner. As per 17(c) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, once a Government servant is convicted by the
criminal Court, the disciplinary authority has no other option than to terminate https://www.mhc.tn.gov.in/judis
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the service of the concerned employee, the question of differentiating the offences connected with the employment and not connected with the employment does not arise, while invoking rule 17(c) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
6.In such circumstances, this Court finds no merits in the writ petition. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are also closed.
16.10.2024
NCC : Yes/No Index : Yes / No Internet : Yes / No RJR
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To
3.The Assistant Director of Town Panchayat, Thanjavur Zone, Thanjavur.
4.The Executive Officer, Thirukkattupalli Town Panchayat, Thirukkattupalli, Thanjavur District.
5.The President, Thirukattupalli Town Panchayat, Thirukkattupalli, Thanjavur District.
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R.VIJAYAKUMAR, J.
RJR
W.P.(MD)No.8219 of 2024
16.10.2024
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1 issue framed by the court
Whether a town panchayat employee convicted in a criminal case unconnected with his employment could be terminated under Rule 17(c) of the TN Civil Services (Discipline and Appeal) Rules.
2 provisions across 2 enactments
M.Balamurugan
The Director of Town Panchayats
The District Collector, Thanjavur District
The Assistant Director of Town Panchayat, Thanjavur Zone
The Executive Officer, Thirukkattupalli Town Panchayat
The President, Thirukattupalli Town Panchayat
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
