IN THE HIGH COURT AT JUDICATURE AT MADRAS DATED: 25.04.2025 CORAM THE HON'BLE MRS.JUSTICE N.MALA W.P.No.34395 of 2022 and WMP.No's.33855 & 33859 of 2022 and 7653 of 2024 G.Chandramouli ...Petitioner Vs.

1.The Chairman & Managing Director, National Textile Corporation Ltd., Core -IV, Scope Complex, 7, Lodhi Road, New Delhi-110001.

2.The Appellate Authority, National Textile Corporation Ltd., Core – IV, Scope Complex, 7, Lodhi Road, New Delhi- 110001.

3.The Disciplinary Authority, National Textile Corporation Ltd., Core – IV, Scope Complex, 7, Lodhi Road, New Delhi-110001.

...Respondents Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, call for the records of the 3rd respondent dated 14.02.2022, to call for the records pertaining to order passed in NTC/PERS/3(30)/2020 dated 14.02.2022 appointing Mr.Umakant Lal as enquiry officer and to call for the records pertaining to order passed in NTC/PERS/3(30)/2020 dated 10.03.2022 appointing Mr.L.Murugan as a presenting officer and to quash the same as being arbitrary, illegal, violative of the principles of natural justice besides being violative of the provisions of the Conduct, Discipline and Appeal Rules, 2009 and consequently direct the 1st respondent to accept the findings of the enquiry report dated 20.01.2020 passed by the enquiry officer.

For Petitioner : Mr.K.M.Ramesh, Senior Advocate for Mr.Adithya Varadarajan For Respondents : Mr.M.Karthikeyan

ORDER

Challenging the impugned order of the 3rd respondent dated 14.02.2022, appointing the enquiry officer and the presenting officer, for conducting denovo enquiry against the petitioner, the above writ petition is filed.

2. The petitioner was initially appointed as Deputy General Manager (Technical) and later promoted as General Manager (Technical) in the respondent corporation. While working as General Manager (Technical) at Sri Ranga Vilas Mills, Coimbatore, the petitioner was issued a show cause notice on 16.03.2016, imputing certain misconducts against him. The petitioner submitted his reply to the show cause notice and thereafter, the charge memo dated 15.09.2016, containing six counts of charges was issued to petitioner. The petitioner submitted his explanation to the charge memo on 07.11.2016, and thereafter an enquiry was ordered. After due enquiry, the enquiry officer submitted his report on 01.06.2019, partially absolving the petitioner of the charges levelled against him. The Disciplinary Authority, Joint Secretary, Ministry of Textiles, on receipt of the enquiry report not being satisfied with the same ordered for De novo enquiry vide his proceedings dated 17.01.2020. As no opportunity was given to the petitioner before the decision to conduct de novo enquiry was taken, the petitioner preferred an appeal against the order dated 17.01.2020, to the appellate authority. The appellate authority did not consider the petitioner's appeal and so the petitioner filed W.P.No.2449 of 2021, for a Writ of Certiorari to quash the order dated 17.01.2020. The said writ petition was disposed of on 08.02.2021, by this court directing the appellate authority (who must be an independent authority) to hear the petitioner's appeal by affording an opportunity of hearing to the petitioner, and pass orders within 60 days of the receipt of the order. Pursuant to the aforesaid order of this court, a board was constituted to hear the petitioner's appeal. The petitioner appeared before the Board on 16.12.2021, submitted his detailed explanation and prayed for setting aside the order directing Denovo enquiry. Whileso, the petitioner received the impugned orders dated 14.02.2022, and 10.03.2022 appointing the enquiry officer and the presenting officer for conducting the denovo enquiry. Aggrieved by the said impugned orders, the petitioner has filed the above writ petition for the aforesaid relief.

3. The respondents in their counter stated interalia, that in obedience to the order of this