1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11345 of 2011 and M.P.(MD)No.1 of 2011 M.Shajahan, Assistant Director of Agriculture Aavudayarkoil, Pudukkottai District. : Petitioner Vs. 1.The Principal Secretary to Government and Agricultural Production Commissioner, Agriculture (AA-2) Department, Secretariat, Chennai-9. 2.The Commissioner of Agriculture, Agriculture Department, Chepauk, Chennai-5. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned charge memo issued by the first respondent in his proceedings in Letter No.39045/AA-2/2005-17, dated 30.09.2010 and the consequential order passed by the second respondent in his proceedings foj vz;/gcgp2/167590/2010, dated 02.06.2011 and quash the same as illegal and consequentially direct the second respondent to consider the petitioner for promotion to the post of Deputy Director of Agriculture w.e.f.,07.06.2009 the date of which the juniors were promoted with all attended monetary benefits. For Petitioner : Mr.M.Ajmal Khan For Respondents : Mr.S.Chandrasekar Government Advocate ORDER It is the case of the petitioner that on account of the disciplinary proceedings initiated in Government Letter No.39045/AA- 2/2005-17, dated 30.09.2010, under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955, promotion of the petitioner to the post of Deputy Director of Agriculture has not been granted for the year 2009-2010. The representation of the petitioner dated 25.11.2010 has been rejected by the Commissioner of Agriculture, Agricultural Department, Chennai, in letter No.gcgp2/167590/2010, dated 02.06.2011. Both the charge memorandum dated 30.09.2010 and the rejection of the Commissioner of Agriculture, Agricultural Department, Chennai, the second respondent herein stated supra, are challenged in the present Writ Petition. 2. Material on record shows that while testing the correctness of the orders of the authorities initiating disciplinary proceedings against various personnel in Agricultural Department, relating to https://hcservices.ecourts.gov.in/hcservices/ 2 distribution of copra to the farmers and failure to scrutinize the contents of coconut growers identity cards and other irregularities, this Court, having regard to the withdrawal of the prosecution levelled against the personnel, pertaining to Agricultural Department and others in G.O.No.210, Agriculture (AA-2) Department, dated 09.10.2009 and considering the delay in initiating disciplinary proceedings, by following P.V.Mahadevan Vs. M.D. Tamil Nadu Housing Board, reported in 2005(4) CTC 403, in State of Madhya Pradesh v. Bank Singh and another reported in 1990 Supp. SCC 738, in State of A.P. v. N.Radhakrishnan reported in 1998(4) SCC 154, and in Ranajeet Singh vs. State of Haryana & Others reported in 2008(3) CTC 781, has struck down the disciplinary proceedings initiated against many persons on the ground of delay alone. 3. Accordingly, when the Writ Petitions have been allowed quashing the charge memorandum or the orders of suspension, as the case may be, challenged in the Writ Petitions, no materials have been placed before this Court to prove as to whether, either the State or the respondents therein, have filed any appeal. 4. The charge levelled against the petitioner is as follows: "During the year 2000-2001, while you (M.Shajahan), were working as Assistant Director of Agriculture, Incharge Avudayarkoil, Pudukkottai District issued bogus coconut growers identity card Nos.(1) 1628 in the name of Mohammed Saligu, S/o.Ravuthar Naina, Kottaipattinam and (2) 947 in the name of Sulthan Abdul Kadhar, S/o.Naina Maraikayar, Krishnajipattinam (Both are non-existing persons) and aided for forging the signatures of the above persons, as if they had sold copra at PACB, Paingal during August 2000 to January 2001 and failed to maintain coconut growers identity card issue register. Thus you have violated Rule 20(1) of Tamil Nadu Government Servants Conduct Rules, 1973. 5. There cannot be any dispute that there is a similarity in the facts and the law pleaded and following the decisions of the Hon'ble Supreme Court in P.V.Mahadevan Vs. M.D. Tamil Nadu Housing Board (stated supra) and other cases, this Court has also quashed the departmental proceedings initiated against the petitioners therein in W.P.No.8924 of 2006 & 6508 of 2009, dated 17.03.2010 [L.Frederick Jayaseelan Vs. The Government of Tamil Nadu rep. by its Agricultural Production Commissioner and Secretary to Government and others]. No appeal seemed to have been filed against the order made in W.P.Nos.8924 of 2006 and 6508 of 2009, dated 17.03.2010. Therefore, this Court is inclined to set aside the charge memorandum in Letter No.39045/AA- 2/2005-17, dated 30.09.2010 and accordingly, the same stands set aside. 6. Perusal of the letter dated 02.06.2011, rejecting the case of the petitioner for promotion to the post of Deputy Director, Agricultural Department shows that the only impediment for non- considering his case to the above said post, was a pendency of the charge under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, which has been now quashed by this Court. No other reasons have been assigned for rejecting the appeal. Inasmuch as the https://hcservices.ecourts.gov.in/hcservices/ 3 charge memorandum has been quashed, the impediment for inclusion of the petitioner in the approved panel of Deputy Directors, stands erased and therefore, a direction is issued to the respondents to consider the case of the petitioner, provided he is otherwise eligible under the Statutory Rules, as per the seniority and zone of consideration for empanelment for the year 2009-2010. The rejection dated 02.06.2011 is also set aside, for the reasons stated supra. 7. The Writ Petition stands allowed in the above terms. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Principal Secretary to Government and Agricultural Production Commissioner, Agriculture (AA-2) Department, Secretariat, Chennai-9. 2.The Commissioner of Agriculture, Agriculture Department, Chepauk, Chennai-5. +1cc t Mr.M.Ajmal Khan, Advocate SR.No.34648 +1cc to The Special Govt.Pleader SR.No.34709 Order made in W.P.(MD).No.11345 of 2011 Dated:- 30.09.2011 SML PA/19.10.2011/3P/5C https://hcservices.ecourts.gov.in/hcservices/