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WP No. 29424 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2026

CORAM

THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

WP No. 29424 of 2018

J.N.Ashok Kirubakaran

No.144/B, Post Office Street, Sholinghur,

Vellore District-631 102.

..Petitioner(s)

Vs

1. The Secretary to State

Government of TamilNadu, Chepauk,

Chennai - 600 005.

2. The Commissioner

O/o. The Director of Employment and Training,

Guindy,

Chennai 600 032.

3. The Joint Director (Craftsmen Training)

O/o. Employment and Training,

Guindy,

Chennai 600 032.

..Respondent(s)

PRAYER : Certiorarified Mandamus to call for the records of the 2nd

Respondent pertaining to the order dated 17.09.2018 and quash the same and

consequently direct the respondents to cancel the dismissal order dated

08.12.2017 vide proceeding No.22994/OP/2-2016 passed by the 3rd

Respondent and permit the petitioner to rejoin his service.

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WP No. 29424 of 2018

For Petitioner(s): Mr.F.Terry Chella Raja

for Ms.M.Malar

For Respondent(s): Mr.P.Muthukumar,

Additional Advocate General,

assisted by Mrs.S.Anita,

Special Govt. Pleader.

ORDER

The petitioner challenges the order dated 08.12.2017 passed by the third

respondent, by which the petitioner was dismissed from service. The petitioner,

while serving as a Junior Training Officer, was issued a charge memo alleging

that he had remained unauthorisedly absent. The petitioner submitted his reply

to the show cause notice, denying the charges. However, the explanation was

found to be unsatisfactory, and a departmental enquiry was initiated against the

petitioner.

2. Before the Enquiry Officer, the petitioner appeared and submitted his

defence. After conducting the enquiry, the Enquiry Officer came to the

conclusion that the charges stood proved. Thereafter, the third respondent issued

a second show cause notice, to which the petitioner submitted his explanation,

once again denying the charges and also challenging the findings recorded by

the Enquiry Officer. Upon considering the explanation submitted by the

petitioner, the third respondent held that the charges against the petitioner were

proved and passed the order of dismissal from service.

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WP No. 29424 of 2018

3. Learned counsel for the petitioner submitted that the enquiry was

neither fair nor proper and that the petitioner was not furnished with the enquiry

report prior to the passing of the order of dismissal. It was contended that the

order of dismissal was, therefore, in violation of the principles of natural justice

and was arbitrary, discriminatory, and legally unsustainable.

4. In response, Mr. P. Muthukumar, learned Additional Advocate General

appearing for the State, submitted that the petitioner had categorically stated

before the Enquiry Officer that he was satisfied with the enquiry conducted. He

further submitted that the enquiry report had been furnished to the petitioner

along with the second show cause notice and that, after considering the

explanation submitted by the petitioner, the third respondent had rightly passed

the impugned order. It was also submitted that the findings recorded by the

Enquiry Officer were based on the evidence available on record and did not

suffer from any perversity or arbitrariness. In such circumstances, the impugned

order of dismissal does not warrant interference. Accordingly, he sought

dismissal of the Writ Petition.

5. The arguments advanced by the learned counsel for the parties and the

materials placed on record have been carefully considered.

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WP No. 29424 of 2018

6. The petitioner was appointed as Junior Training Officer with effect

from 18.03.2010. During the probationary period, he availed the following

leave:

1. 22.03.2010 to 15.04.2010 25 days Leave on loss of

pay with the

medical

certificate

2. 19.04.2010 to 2