S.Jerald Arokiya Santhanam Vs Tamil Nadu Handloom Weavers

Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the 1^st respondent to permit the petitioner to engage an advocate to defend his case in the inquiry for the charges levelled against him dated 02.03.2022 and 11.03.2022.

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Page No.1 of 6

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

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W.P.No.13821 of 2025

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For Petitioner : Mr.R.Malaichamy For Respondents : Mr.V.Srikanth, for R1 & R2 : Mr.K.Elangoo, for R3

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O R D E R

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The present Writ petition has been filed seeking direction to the 1^st respondent to permit the petitioner to engage an advocate to defend his case in the enquiry for the charges levelled against him, vide charge memos dated

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02.03.2022 and 11.03.2022.

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The case of the petitioner is that he was placed under suspension on 03.01.2022 while he was working as a Manager, Grade-II at Secretariat showroom and subsequently, a charge memo came to issued on 02.03.2022, framing two charges against the petitioner and the 2^nd respondent has also issued an additional charge memo dated 11.03.2022 framing nine charges. However, both the above said charge memos did not contain the list of documents and witnesses. Thereafter, the petitioner was removed from service, by order dated 25.06.2024, without conducting any enquiry. Aggrieved by the same, the petitioner filed W.P.No.19724 of 2024 and

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Page No.2 of 6

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

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W.P.No.13821 of 2025

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pursuant to the order of this Court dated 23.07.2024 directing to conduct fresh enuqiry within a period of two weeks. However, only after the expiry of the time granted by this Court to conduct enquiry, the Inquiry officer directed the petitioner to attend the enquiry on 22.03.2025. Since the Inquiry officer is an Advocate, the petitioner made a representation before the 1^st respondent on 20.03.2025, seeking to permit him to engage an advocate to defend his case in the enquiry proceedings, which request of the petitioner was not considered by the 1^st respondent and on 22.03.2025, during enquiry, when the petitioner made a request to engage an advocate to defend his case, the same was denied by the Presenting officer. Hence, this Writ petition.

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Learned counsel for the petitioner submitted that, the petitioner had sought for permission to be represented by an Advocate before the enquiry officer/the 3^rd respondent. However, the said request has been rejected by the 3^rd respondent, which is not sustainable and the same is contrary to various decisions of this Court in similar cases, wherein this Court had granted permission to engage Advocate during enquiry to provide legal assistance. Accordingly, he prayed for appropriate orders.

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Page No.3 of 6

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

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W.P.No.13821 of 2025

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Learned counsel appearing on behalf of the 1^st and 2^nd respondents

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submitted that, in the event of petitioner being permitted to be represented by a counsel, the 1^st and 2^nd respondents shall also be permitted to be represented by a counsel.

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In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 3^rd respondent to permit the petitioner to engage an advocate to defence his case in the enquiry and at the same time, the 1^st and 2^nd respondents shall also be permitted to be represented by a counsel. The 3^rd respondent shall complete the enquiry as expeditiously as possible, after affording opportunity of hearing to the parties.

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Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous petitions are closed.

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09.09.2025

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skt

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NCC : Yes/No Index : Yes/No Speaking Order : Yes/No

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Page No.4 of 6

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

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W.P.No.13821 of 2025

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To:

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The Managing Director, Tamil Nadu Handloom Weavers Co-Operative Society Limited, No.50, Pantheion Road, Egmore, Chennai – 600 008.

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The Senior Regional Manager and Presenting Officer, Tamil Nadu Handloorm Weavers Co-Operative Society Limited, No.350, Pantheon Road, Egmore, Chennai – 600 008.

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Page No.5 of 6

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

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W.P.No.13821 of 2025

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A.D.JAGADISH CHANDIRA, J.

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skt

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W.P.No.13821 of 2025 and WMP.Nos.15526 & 27701 of 2025