Mahalakshmi.B Vs The Principal Secretary — Corruption | Madras HC (2025)

Mahalakshmi.B Vs The Principal Secretary — Corruption | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to challenge the order of dismissal dated 18.03.2025 in the manner known to law; writ petition closed with no costs; connected Miscellaneous Petition also closed.

Issue for consideration

Whether the impugned order passed by the first respondent in Ref.No.CD2/56321/2003-I dated 04.05.2023 is liable to be quashed as illegal and unconstitutional insofar as the petitioner is concerned. +1 more

Ratio / Principle

The Court recorded the learned Additional Government Pleader's submission, on instructions, that the first respondent had already passed an order of dismissal under Rule 17(c)(i)(1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, imposing on the petitioner the penalty of 'dismissal from service' as specified under clause (viii) of Rule 8, by order dated 18.03.2025.

Key takeaways

In view of the dismissal order already passed (order dated 18.03.2025), the writ petition was closed with liberty to the petitioner to challenge the order of dismissal in the manner known to law; no costs were awarded and the connected Miscellaneous Petition was also closed. Neither the legality of the impugned show cause notice nor the due-process forbearance question was adjudicated on the merits.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single member (B.Pugalendhi, J.) - Writ Petition (WP(MD)No.18063 of 2023) - closed. The petitioner, an Assistant Commercial Tax Officer placed under suspension in connection with DVAC Crime No.23 of 2003, was convicted in Special Case No.21 of 2014 by the Chief Judicial Magistrate, Kumbakonam, for offences under Section 7 of the Prevention of Corruption Act, 1988 r/w Section 109 IPC and Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 r/w Section 34 IPC, and sentenced to 2 years simple imprisonment with fine. Challenging the show cause notice dated 04.05.2023 (Ref.No.CD2/56321/2003-I) proposing punishment under Rule 17(c)(i)(1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, she filed this Article 226 writ petition seeking certiorarified mandamus and forbearance from termination without due process. After the petition was dismissed for default on 21.10.2024 and restored by order dated 12.12.2025, the Court, learning that the first respondent had meanwhile imposed 'dismissal from service' under clause (viii) of Rule 8 by order dated 18.03.2025, closed the writ petition with liberty to challenge the dismissal order in the manner known to law; no costs; connected miscellaneous petition closed.

Procedural history

How this case reached the court

AI extract

Order under challenge
Show cause notice issued by the first respondent proposing punishment as per Rule 17(c)(i)(1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, following the petitioner's conviction in Special Case No.21 of 2014; challenged as illegal and unconstitutional.¶14
First respondent - Principal Secretary/ Commissioner of Commercial Taxes, Chepauk, Chennai -05 · 04.05.2023
Prior proceeding
Petitioner, working as Assistant Commercial Tax Officer, was placed under suspension for involvement in a criminal case registered by the Directorate of Vigilance and Anti-Corruption in Crime No.23 of 2003.¶21
Prior proceeding
Vigilance and Anti-Corruption Department filed a final report, prosecuted before the Chief Judicial Magistrate, Kumbakonam, in Special Case No.21 of 2014 for offences under Section 7 PC Act r/w Section 109 IPC and Section 13(1)(d) r/w 13(2) PC Act r/w Section 34 IPC.¶21
Prior proceeding
Trial Court found the petitioner guilty and convicted and sentenced him with 2 years simple imprisonment along with a fine amount.¶21
Prior proceeding
Based on the conviction judgment, the first respondent issued a show cause notice with proposed punishment as per Rule 17(c)(i)(1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules; aggrieved thereby the petitioner filed this writ petition.¶21
Prior proceeding
Writ petition dismissed for default by order dated 21.10.2024 after no representation on 18.10.2024 and 21.10.2024.¶24
Prior proceeding
Petitioner, changing counsel, filed an application to restore the writ petition; the Court restored it by order dated 12.12.2025 and posted it for final disposal on 15.12.2025.¶25
Prior proceeding
Per the Additional Government Pleader's submission on instructions, the first respondent had already passed an order of dismissal under Rule 17(c)(i)(1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.¶26
Prior proceeding
Penalty of 'dismissal from service', as specified under clause (viii) of Rule 8 of the Tamil Nadu Civil Services (Discipline and Appeal) Rule, was imposed on the petitioner by order dated 18.03.2025.¶26