BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

19.11.2025 23.01.2026 CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.24124 of 2024 and W.M.P.(MD).Nos.20408 & 20409 of 2024 V.Elangovan … Petitioner -vs-

1.The Secretary, Commercial Tax and Registration Department, O/o. Chief Secretariat of Tamil Nadu, Chennai – 600 009.

2.The Inspector General of Registration, O/o. Inspector General of Registration Department, No.100, Santhome High Road, Chennai.

3.The Deputy Inspector General of Registration, O/o.Thanjavur DIG Registration Office, Thanjavur District … Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus or any other order or directions in the nature of a Writ calling for records pertaining to the impugned order passed by the second respondent in No.6340/A2/2019 dated 22.08.2024 and consequently directing the second respondent to remand back the disciplinary action under Rule 17(b) of Tamil Nadu Civil Services (Discipline & Appeal) Rules taken against petitioner to any other appropriate office and pass such further or other suitable order.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.D.Gandhiraj Special Government Pleader

O R D E R

The present Writ Petition has been filed challenging the order passed by the second respondent in No.6340/A2/2019 dated 22.08.2024 and for a consequential direction to the second respondent to remand back the disciplinary action under Rule 17(b) of Tamil Nadu Civil Services (Discipline & Appeal) Rules taken against petitioner to any other appropriate office

2. Heard Mr.S.M.A.Jinnah, learned counsel for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader appearing on behalf of the respondents.

3. Mr.S.M.A.Jinnah, learned counsel for the petitioner would submit that the petitioner was working as an Assistant at Thanjavur Deputy Inspector General of Registration Office with effect from 23.01.2018. He had addressed a letter through the third respondent on 01.07.2018 with regard to the incidents that had been happening at the Office of the third respondent. In view of the same, various complaints were sent by the subordinates working in the Office.

4. While that being so, on 28.03.2019, the petitioner was slapped with a charge memo framing seven charges for which an Enquiry Officer was also appointed. During the said enquiry, the petitioner was also not permitted to cross- examine a single witness. In violation of the Rules governing the disciplinary proceedings, an Enquiry Report had also been filed holding that the charges as against the petitioner had been proved. Thereafter, an order of dismissal came to be passed on 22.08.2024, against which the petitioner had also filed an appeal before the first respondent on 19.09.2024.

5. He would submit that the second respondent had mechanically without examining the Enquiry Report had issued a show cause notice and followed it up with an order of punishment. He would further submit that as per the Proviso to Rule 17(b) of Tamil Nadu Civil Services (Discipline & Appeal) Rules, 2002, when there is a complaint of sexual harassment, then the same should only be enquired by the Complaints Committee established in each of the Government Departments and hence, the finding by the Enquiry Officer on the charges of the sexual harassment, contrary to the proceedings in that regard is liable to be interfered with and therefore, he seeks indulgence of this Court on the impugned order and remand the matter back to the Disciplinary Authority for following the due process and also by giving a fair opportunity to the petitioner.

6. Countering his arguments, Mr.D.Gandhiraj, learned Special Government Pleader would submit that it is the claim of the writ petitioner to remand the matter back to the second respondent which would only indicate that he had conceded to the procedures that had been followed during the process of en