IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 15.03.2024 Pronounced on : 05.04.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.18738 of 2022 and WMP.Nos.18123 & 18125 of 2022 P.Krishnamurthy ... Petitioner Vs.

1.The Secretary to Government, Micro, Small and Medium Enterprises, (EII(2) Department, Secretariat, Chennai 600 009

2.The Secretary to Government/

Industries Commissioner and Director of Industries and Commerce, SIDCO Building, Guindy, Chennai 600 032

3.Deputy Secretary, Tamilnadu Public Service Commission, TNPSC Road, Chennai 600 003

4.Additional Director(District Industries Centre), O/o. The Industries Commissioner and Director of Industries and Commerce, SIDCO Building, Guindy, Chennai 600 032

5.District Registrar/Deputy Director(IC), O/o. The Deputy Director of Industries and Commerce, CTAL Building, Guindy, Chennai 600 032 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the entire records pertaining to initiating the Disciplinary Proceedings under Rule 17 (b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules 1955 by the 2^nd Respondent under the Charge memo RC No.1955 by the 2^nd Resondent under the Charge memo RC No. 16979 / EG3 / 2018 dated 29.07.2019 culminating to the penalty imposed by the 1st Respondent in proceedings in G.O. (2D) No 6 Micro, Small and Medium Enterprises (E.II(2)) Department dated 14.06.2022 and to quash the same and consequently to direct the Respondents to conduct a fresh enquriy by giving opportunity of personal hearing under sec. 81 of Tamil Nadu Civil Servants (Discipline and Appeal) Rules.

For Petitioner : Mr.S.Doraisamy For Respondents For R1, 2, 4 & 5 : Mrs.R.L.Karthika, Government Advocate For R3 : Mr.R.Bharanidharan, Standing Counsel

ORDER

This writ petition has been filed challenging the order passed by the first respondent dated 14.06.2022 thereby imposed punishment of removal from service on the petitioner.

2. The petitioner had joined in the Government Service in the year 1986 as Assistant Supervisor of Industrial Cooperative Societies. Subsequently, he was promoted to the post of Supervisor of Industrial Cooperative Societies, Assistant Director and Deputy Director. Besides, he was appointed as Secretary in the Rahumania Autorickshaw Driver Industrial Cooperative Society (hereinafter called as Society), Chennai. He assumed charges of the said Society on 16.07.2009 and had worked till 05.03.2011. While being so, enquiry was ordered under Section 81 of Tamilnadu Cooperative Societies Act on account of overdues, certain irregularities and illegalities in respect of official aspects of Cooperative Societies. Pursuant to the statutory enquiry, the enquiry Officer conducted enquiry and submitted report. In view of the enquiry report, surcharge proceedings have been initiated by the proceedings dated 28.11.2017. Once again, enquiry was ordered to be conducted under Section 81 of Cooperative Societies Act by the proceedings dated 12.12.2017 by appointing another enquiry officer. After completion of the enquiry, report dated 16.05.2018 was filed. In pursuant to the enquiry report, surcharge proceedings was ordered to be initiated as contemplated under Section 87 of the Tamilnadu Cooperative Societies Act. Based on the enquiry report submitted by the enquiry officer, departmental proceedings has been initiated as against the petitioner and he was issued charge memo under Rule 17(b) of the Tamilnadu Civil Service (Discipline and Appeal) Rules dated 29.07.2019. The petitioner submitted explanation and without satisfying with the same, conducted disciplinary enquiry. Enquiry Officer submitted report, in pursuant to which once again the petitioner was served with second show cause notice and dismissed the petitioner from service.

3. The learned counsel appearing for the petitioner submitted that the petitioner was appointed as Secretary of Rahumania Autorickshaw