P.Narayanan Vs Tamil Nadu Local Bodies Ombudsman

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari after calling for the concerned records relating to the Order No.269/kh/2022 dated 23.03.2023 passed by first respondent and quash the same.

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For Petitioner :Mr.T.Mohan Senior Counsel for M/s.M.Gnanasekar

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For Respondents :Mr.B.Nedunchezhiyan for R1 Mr.C.Prabakaran for R2, R3, R5, R6, R11 Government Counsel Mr.Ra.Gopinath for R4 R.Thirumoorthy for R7 R8 – No Appearance R9 – NRN Mr.B.Gandhi for R10

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

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W.P.No.14665 of 2023

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O R D E R

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The petitioner has filed this writ petition seeking issuance of

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Writ of Certiorari after calling for the concerned records relating to the

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Order No.269/kh/2022 dated 23.03.2023 passed by first respondent and quash the same.

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2.The learned Senior Counsel appearing for the petitioner submitted that the petitioner worked as Commissioner of Avadi Municipal Corporation during the COVID period between 01.06.2020 to 13.06.2021. The tenth respondent, on the basis of the particulars

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given by the Avadi Municipal Corporation under the Right to Information Act, 2005, regarding the amount paid to the seventh respondent for supply of food items to the COVID patients who stayed during the treatment at COVID care center, gave a complaint on 19.12.2022 before the first respondent and the first respondent passed the impugned order directing the sixth respondent to conduct enquiry and to submit a report to the first respondent as well as to the

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fifth respondent and further directing the fifth respondent to take disciplinary action against the petitioner and other officials of the

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W.P.No.14665 of 2023

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Corporation in case the fifth respondent finds any irregularities against the petitioner and other officials in the report.

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3.The learned Senior Counsel appearing for the petitioner further submitted that the as per Section 6(4) of Act No.27 of 2014, the Ombudsman may, for the purpose of conducting enquiry under the Act, utilize the services of any officer or investigating agency of the Government or any other State agency. The Ombudsman shall pass an order on the proved allegation and if the irregularity involves loss of fund of the local body, order recovery of such loss from those who are responsible for such irregularity.

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4.The respective learned counsel appearing for the respondents did not dispute the facts submitted by the learned Senior Counsel appearing for the petitioner.

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5.In view of the above, Order No.269/kh/2022 dated

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23.03.2023 passed by first respondent is modified as follows:

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(i)The Director of Local Fund Audit/ sixth respondent is directed to conduct enquiry with regard to the alleged irregularities committed by the officials as stated in the complaint made by the 4/6

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

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W.P.No.14665 of 2023

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tenth respondent on 19.12.2022 and file a report before the first respondent, within a period of six weeks from the date of receipt of a copy of this order. On receipt of the said report, the first respondent is directed to conduct enquiry, provide opportunity to all the persons involved, without being influenced by the impugned order and conclude the same, within a period of twelve weeks thereafter.

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