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2025 Supreme(Online)(Mad) 10778

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
P.Selvakumar – Appellant
Versus
The Principal Secretary to Government Municipal Administration and Water Supply Department – Respondent


Advocates:
For the Appellants/Petitioners: Mr.T.Ranganathan for Mr.S.N.Ravichandran
For the Respondents:Mr.M.Suresh Kumar, Additional Advocate General, Assisted by Mr.C.Selvaraj, Additional Government Pleader for RR-1 & 2
Mrs.Dakshayani Reddy, Senior Counsel for M/s.P.S.Prabhu for R-3

Table of Content
1. details surrounding the charge memo and the context of promotion. (Para 1 , 2)
2. arguments presented regarding the validity of the charge memo. (Para 3 , 4)
3. court directives regarding the issuance of a fresh charge memo. (Para 5 , 6)

ORDER

Aggrieved by the impugned charge memo dated 27.11.2024 issued by the 2nd respondent, the petitioner is before this Court.

2. Brief facts that are necessary for disposal of this Writ Petition are follows:-

a) The petitioner, who has been working as Assistant Executive Engineer was placed under suspension based on the report submitted by the Commissioner, Ranipet Municipality. The said suspension was subsequently revoked by the Director of Municipal Administration by order dated 06.02.2023. Thereafter, a show cause notice under Rule 17(a) of the Tamil Nadu Municipal Service (Discipline and Appeal) Rules, 1970 was issued on 17.12.2024. Though the petitioner had submitted his reply to the show cause notice, instead of issuing charge memo under Rule 17(a) of the Act, the respondents issued an order of punishment imposing a penalty of “Stoppage of increment for a period of one year without cumulative effect”.

b) Subsequently, on 02.02.2

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