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2016 DIGILAW 762 (MAD)

N. Vellaichamy v. District Collector

2016-02-25

A.SELVAM

body2016
ORDER : This Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari or any other order or direction in the nature of writ calling for the records relating to the impugned order dated 03.03.2008 passed by the third respondent and quash the same. 2. It is averred in the petition that the petitioner has served as sweeper under the direct control of the third respondent. During his service, the third respondent has passed the impugned order dated 03.03.2008 and thereby terminated the petitioner from service. In the impugned order dated 03.03.2008, no specific allegations have been mentioned. Under the said circumstances, the present petition has been filed for getting the relief sought therein. 3. The learned counsel appearing for the petitioner has contended to the effect that no proper prior notice has been issued to the petitioner by way of setting forth the lapses alleged to have been committed by him, no enquiry officer has been appointed and no full-fledged enquiry has been conducted and therefore the impugned order passed by the third respondent on 03.03.2008 is liable to be quashed. 4. The learned Government Advocate appearing for the respondents 1 to 3 has contended that on 19.02.2008 the petitioner himself has given a letter wherein he confessed all the lapses committed by him and prior to 19.02.2008 as per the direction of this Court in W.P(MD)No.8188 of 2007 dated 06.12.2007, proper notice has been issued to the petitioner and therefore the impugned order passed by the third respondent is not liable to be quashed. 5. It is seen from the records that the petitioner has already filed W.P(MD)No.8188 of 2007, wherein this Court has directed the third respondent to conduct proper enquiry against the petitioner by way of giving sufficient opportunity to him and after passing the said order a notice has been issued on 11.02.2008, wherein a bald allegation has been mentioned against the petitioner and subsequently on 19.02.2008, the petitioner has given a letter and the same has not been admitted on the side of the petitioner. 6. It is an admitted fact that in W.P(MD)No.8188 of 2007, this Court has specifically directed the third respondent to conduct a full-fledged enquiry after giving proper opportunity to the petitioner. 6. It is an admitted fact that in W.P(MD)No.8188 of 2007, this Court has specifically directed the third respondent to conduct a full-fledged enquiry after giving proper opportunity to the petitioner. But the third respondent without giving the details of lapses alleged to have been committed by the petitioner has simply issued notice dated 1.02.2008, wherein it has been baldly mentioned that the petitioner has failed to perform his duty, created communal problem, etc. 7. As stated supra, the details of lapses alleged to have been committed by the petitioner have not been mentioned in the notice dated 11.02.2008. Under the said circumstances, the Court cannot give much adherence to the letter alleged to have been given by the petitioner on 19.02.2008. 8. The main gravamen expressed on the side of the petitioner is that even in pursuance of the order passed by this Court in W.P(MD)No.8188 of 2007, no specific charges have been framed nor enquiry officer has been appointed. 9. Considering the nature of allegations mentioned in the notice dated 11.02.2008, this Court is of the view that even after specific order given in W.P(MD)No.8188 of 2007 against the third respondent, he has not followed the due procedure. Under the said circumstances, the impugned order passed by the third respondent is liable to be quashed and the third respondent can bedirected as stated infra. 10. In fine, this Writ Petition is allowed without costs. The impugned order dated 03.03.2008 passed by the third respondent is quashed. The third respondent is strictly directed to follow the order dated 06.12.2007 passed in W.P(MD)No.8188 of 2007 and pass proper order.