BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date of Reserving the Order Date of Pronouncing the Order

04.11.2025 09.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD) No.25469 of 2025 &

W.M.P.Nos.19946 & 19947 of 2025

Suganthi ... Petitioner

-vs-

1.The Chairperson & Managing Director,

Arasu Rubber Corporation Ltd.,

Vadasery, Nagercoil,

Kanyakumari District.

2.The Divisional Manager,

Chithar Division, Chithar Colony,

Arasu Rubber Corporation Ltd,

Kanyakumari District. ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records of the impugned recovery order of the first respondent in his proceedings in Se.Mu.Aa.No.Pa1/7852/24, dated 27.03.2025 confirming the impugned order

of the second respondent in his proceedings in Se.Mu.Aa.No.Ka/1811/20, dated 12.06.2024 and quash the same as illegal and consequently directing the respondents herein to repay the recovered amounts to the petitioner forthwith and pass any such other further orders.

For Petitioner : Mr.S.Vashik Ali For Respondents : Mr.P.Thilak Kumar

O R D E R

This Writ Petition had been filed to quash the impugned recovery order of the first respondent, dated 27.03.2025, confirming the impugned order of the second respondent, in his proceedings dated 12.06.2024 as illegal and consequently to direct the respondents herein to repay the recovered amounts to the petitioner forthwith.

2. Heard Mr.S.Vashik Ali, the learned counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned counsel appearing for the respondents.

3. The learned counsel appearing for the petitioner would submit that the petitioner had been working as a Field Assistant from 2017. A decision was taken by the second respondent to replant the rubber trees in the vacant land in Chithar Unit. The second respondent had issued a show cause notice on 30.04.2022 alleging that during the Joint Inspection made along with the Forest Ranger, it was found that the fencing post in the south-east side of the Coupe had been snatched and the chain links of the fence had also been damaged by falling of trees into the Pechiparai Water Catchment area. It has also been further alleged by the second respondent that inspite of severe oral instructions, the petitioner had not properly audited the coupe for replanting the rubber saplings and had also not mentioned about the missing 95 main post and 24 support post in his report dated 07.02.2022. That apart an allegation was made that there is a difference in the number of missing posts in the report submitted by the petitioner and the First Information Report launched in that regard, which had caused a loss to the exchequer to the tune of Rs.99,357/-. A detailed explanation was submitted by the petitioner for the show cause notice dated 30.04.2022 issued by the 2^nd respondent. The petitioner had brought to the knowledge of the second respondent that the petitioner had also initiated a criminal complaint in Crime No. 5 of 2022 on the file of the Pechiparai Police Station. He would submit that the second respondent without considering the explanation submitted by the petitioner and without conducting any enquiry in that regard had imposed a punishment to recover the alleged loss caused to the exchequer to the tune of Rs. 89,677/- and directed to deduct the same from the salary of the petitioner in 10 equal monthly installments. The petitioner had also preferred an appeal before the first respondent and the same has also been rejected by the first respondent by its communication dated 27.03.2025 whereby the order of the second respondent was confirmed.

4. He would submit that the impugned orders have been passed in utter violation of the well established principles of natural justice. That apart, he would submit that in the impugned orders no reasons have been assigned as to how the petitioner is responsible for the loss that had been caused to the Government. Therefore, he seeks indulgence