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2023 Supreme(Mad) 2621
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
N. Mahendran – Appellant
Versus
The Director of Public Health and Preventive Medicine, Teynampet, Chennai & Others – Respondents
W.P.Nos. 34586 of 2016 & 11253 of 2014 & M.P.Nos. 1 & 2 of 2014
Decided On : 04-08-2023
For the Petitioner:K. Sathish Kumar, G. Sankaran, Advocates. For the Respondents:T.K. Saravanan, Government Advocate.
Suppression of vital information to obtain benefits can lead to dismissal from service, and the subsistence of a marital relationship can impact legal proceedings.
Headnote:
Suppression of Information - Employment Regularization - Tamil Nadu Civil Services (Discipline and Appeal) Rules - Rule 17(b)
Fact of the Case:
The petitioner obtained a certificate declaring indigent circumstances for employment on compassionate basis by suppressing the fact that his mother was employed in a government department. Subsequently, he was dismissed from service, and he filed writ petitions seeking interference with the dismissal orders.
Finding of the Court:
The court found that the petitioner had suppressed vital information to obtain the certificate and benefit from it. The court also noted that the petitioner continued to work despite knowing the certificate was based on false information. The dismissal from service was upheld as the charges were established, and proper procedure was followed during the enquiry.
Issues: Suppression of vital information, regularizing employment, dismissal from service, and the marital relationship's impact on the petitioner's case.
Ratio Decidendi: The petitioner's suppression of vital information to obtain a certificate and benefit from it warranted dismissal from service. The court also emphasized that the marital relationship between the petitioner's parents subsisted, and living separately did not sever the relationship.
Final Decision: Both writ petitions were dismissed, and no costs were awarded.
JUDGMENT
(Prayer in W.P.No.34586 of 2016: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the relating to the proceedings issued by the 1st respondent in Na.Ka.No.2070/2014AA3 dated 07.03.2014 and to quash the same and consequently direct the 2nd and 3rd respondents to regularize the service of the petitioner in the post of Junior Assistant within the time frame to be fixed by this Court.
Prayer in W.P.No.11253 of 2014: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the proceedings issued by the 1st respondent Na.Ka.No.2070/2014AA3 dated 07.03.2014 and to quash the same and consequently direct the 2nd and 3rd respondents to regularize the service of the petitioner in the post of Junior Assistant within the time frame to be fixed by this Court.)
Common Order:
The issues raised in both the writ petitions are intricately connected with each other and, therefore, a common order is passed.
2. The petitioner / N.Mahendran has filed W.P.No.11253 of 2014 in the nature of a certiorarified mandamus seeking records relating to the proceeding issued by the first respondent, Revenue Divisional Officer, Gopichettypalayam, Erode District, dated 07.03.2014 to quash the same.
3. By the said proceedings dated 07.03.2014, the Revenue Divisional Officer had cancelled an earlier certificate given by the Tahsildar at Gopichettipalayam, by which certificate dated 20.01.2010, the Tahsildar, had certified that the family of the petitioner were in indigent circumstances and that no body was in any government service and that they did not have any movable or immovable properties. This certificate had been issued on the information supplied by the petitioner herein. This certificate was issued consequent to the fact the father of the petitioner, R.Navaneedhan, who was working as Health Inspector had died on 14.03.2000 and the petitioner had sought such certificate to seek employment on compassionate basis.
4. In the affidavit filed in support of the writ petition, it had been stated that his father was working as Health Inspector in Director of Public Health and Medicine at Gopichettipalayam and died on 14.03.2000. He also stated that his mother was separated from the family and after the death of his father he had made an application seeking employment on compassionate basis on 21.07.2000. After about of thirteen years, an order of appointment was issued on 18.01.2013 appointing the petitioner to the post of Junior Assistant.
5. Thereafter, the Revenue Divisional Officer at Gopichettipalayam had issued a show-cause notice dated 12.06.2013 calling upon the petitioner to explain as to why certificate had been issued by the Tahsildar certifying that the petitioner and his family members were in indigent circumstances should not be cancelled. It was stated in the show-cause notice that the petitioner had suppressed a very vital information that his mother was actually working in a Government service as Upgraded Assistant in Cooperative society at Gopichettipalayam and was drawing salary of Rs.11,298/- per month.
6. In the certificate which had been issued by the Tahsildar it had been very specifically stated that no body in the family were in Government service. In the affidavit, however, it had been stated that the mother had separated from the family and therefore it is to be presumed that nobody is working in Government service. Complaining that the certificate had been cancelled, writ petition has been filed seeking interference with such cancellation.
7. The same petitioner / M.Mahendran later filed in W.P.No.34586 of 2016 consequent to an order of dismissal from service passed by the first respondent therein, Director of Public Health and Preventive Medicine at Chennai. A charge memo had been issued stating that the petitioner had forwarded a certificate issued by the Ta
