1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.12733 of 2011 and M.P.(MD).No.1 of 2011 A.Basheer Ahamed ... Petitioner Vs. 1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai 600 009. 2. The Commissioner of Revenue Administration, Chepauk, Chennai-600 005. 3. The District Collector, Dindigul District, Dindigul. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the entire records relating to the impugned order of the third respondent in Na.Ka.No.36394/2009-1/A1 dated 11.10.2011 issued to the petitioner and quash the same as illegal. For Petitioner : Mr.R.R.Kannan For Respondents : Mr.B.Pugalenthi, Special Government Pleader O R D E R The petitioner has come to this Court by filing the present Writ Petition seeking for issuance of a Writ of Certiorari to call for the entire records relating to the impugned order passed by the third respondent in Na.Ka.No.36394/2009-1/A1 dated 11.10.2011 and to quash the same as illegal. 2. The learned counsel for the petitioner submits that the petitioner was proceeded departmentally for various allegations mentioned in the charge memo issued on 03.10.2009 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. After completion of enquiry, the Enquiry Officer has submitted a report to the third respondent, who being the disciplinary authority after receiving further explanation from the petitioner, not being satisfied with the explanation offered by the petitioner, passed the impugned proceedings in Na.Ka.No.36394/2009/A1 dated 05.01.2011. In the enquiry report, he was found guilty for the first three charges and for the fourth charge, he was exonerated. Therefore, the petitioner has submitted a detailed explanation to the disciplinary authority on 19.10.2011, with the request to exonerate him from all the charges levelled against him. However, the third respondent has passed the impugned order. https://hcservices.ecourts.gov.in/hcservices/ 2 3. According to the learned counsel for the petitioner, the impugned order has been passed in a hurried manner without taking into account the entirety of the matter which was explained in his further representation. As a result, the third respondent has imposed two major penalties reducing his rank for one year and also passing another order recovering 1/4th amount of Rs.12,36,395/- with interest from his salary and that should be recovered on monthly installment basis. 4. The petitioner by-passing the statutory appeal remedy, filed this writ petition challenging the correctness of the order passed by the third respondent. Since the petitioner is having a statutory right of appeal before the first respondent, this Court is not inclined to entertain this writ petition. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to approach the appellate authority. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar To 1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai 600 009. 2. The Commissioner of Revenue Administration, Chepauk, Chennai-600 005. 3. The District Collector, Dindigul District, Dindigul. +1CC TO MR.R.KANNAN, ADVOCATE SR : 38985 Akv SR : 11.11.2011 : 2p/5c W.P.(MD)No.12733 of 2011 10.11.2011 https://hcservices.ecourts.gov.in/hcservices/