1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8540 of 2011 and M.P.(MD)No.1 of 2011 V.Megavarnan : Petitioner Vs. 1.The Director, Directorate of Employment and Training, Guindy, Chennai. 2.The Joint Director, Directorate of Employment and Training, Guindy, Chennai. 3.The Principal, Government Industrial Training Institute, Pudukkottai. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the second respondent dated 30.06.2011 in his proceedings Proc.No.ST 1/27625/2011 and quash the same insofar as the petitioner is concerned. For Petitioner : Mr.P.Natarajan For Respondents : Mr.B.Pugalendhi Special Government Pleader ORDER Pleadings and materials on record disclose that the Joint Director (Craftsmen Training) of Employment and Training was pleased to depute the Junior Training Officer/Assistant Training Officer, for one year training at Central Training Institute, Guindy, Chennai, for a period of one year from 1st August, 2011. The training is said to be important and no cancellation was directed to be entertained by any Junior Training Officer/Assistant Training Officer. 28 persons have been chosen to undergo the training and that by impugned order dated 30.06.2011 of the Joint Director of Employment and Training, Guindy, Chennai, they are directed to report to the Principal, Central Training Institute, Guindy, Chennai on 01.08.2011 at 10.00 a.m., without fail. The period of deputation is directed to be treated as "on duty". 2. It is the case of the petitioner that his father was brutally murdered on 19.03.2006 and the police failed to properly investigate into the crime. Therefore, he was constrained to approach https://hcservices.ecourts.gov.in/hcservices/ 2 this Court for transfer of investigation to some other investigating agency. This Court, after hearing both sides, directed the petitioner to move the concerned Court, where the final report has been filed. Accordingly, a petition under Section 173(8) of the Code of Criminal Procedure was filed before the Fast Track Court, Pudukkottai, to order further investigation. On 14.02.2011, the Fast Track Court, Pudukkottai, passed an order, directing the Inspector of Police, CBCID, Pudukkottai to conduct further investigation in the above said case and submit a report. Pursuant to the above said order, the Inspector of Police, CBCID, Pudukkottai has sent a letter dated 09.07.2011, directing the petitioner to stay in Pudukkottai Town and co-operate with the police, till the investigation is over. In such circumstances, the petitioner, though, was directed to undergo the training, is required to be present in Pudukkottai. It is the case of the petitioner that if the impugned order of the Joint Director of Employment and Training, Guindy, Chennai, is implemented, the petitioner would find it difficult to extend his full co- operation to the Inspector of Police, CBCID, Pudukkottai. In such circumstances, the petitioner sought for an exemption and he is ready to undergo the training in the next batch, or next year, as the case may be. Though the petitioner has sent a representation dated 14.07.2011 to the Director of Employment and Training, Guindy, Chennai, through the Principal, Government Industrial Training Institute, Pudukkottai, to consider his request to grant exemption from the above said training for the present, no orders have been passed and, therefore, he has approached this Court with the present Writ Petition for a Writ of Certiorari, to quash the order dated 30.06.2011 of the Joint Director of Employment and Training, Guindy, Chennai, the second respondent herein, insofar as the petitioner is concerned. 3. When the matter came up on 02.08.2011, Mr.B.Pugalendhi, learned Special Government Pleader was directed to take notice and get instructions as to whether the name of the petitioner could be deleted from the list of trainees, but no instructions are forthcoming. 4. On this day, when the matter came up for hearing, Mr. P.Natarajan, learned counsel for the petitioner brought to the notice of this Court that the Inspector of Police, CBCID, OCU, Trichy has issued a memorandum on 01.08.2011 under Sections 160 and 91 of the Code of Criminal Procedure to the petitioner to appear for interrogation on 05.08.2011, in Trichy. In view of the directions issued by the police dated 09.07.2011, to reside within Pudukkottai and to assist the investigation, the petitioner has expressed his difficulty to report to the Principal, Central Training Institute, Guindy, Chennai and also apprehends further action. After the directions of this Court in Crl.O.P.(MD)Nos.4307 and 8365 of 2008, dated 03.12.2009, the Inspector of Police, CBCID, OCU, Trichy District has issued a letter dated 09.07.2011 to the Principal, Government Industrial Training Institute, Pudukkottai, to advise the https://hcservices.ecourts.gov.in/hcservices/ 3 petitioner to stay in Pudukkottai District to extend full co- operation. In the recent memo dated 01.08.2011 issued under Sections 160 and 91 of the Code of Criminal Procedure, the said Investigating Officer has directed the petitioner to appear before him on 05.08.2011 at 10.00 a.m. Thus, it is evident from the above that the petitioner, whose father has been alleged to have been murdered on 19.03.2006, has taken steps for change of investigation and that he has to render assistance in the investigation into the case in Crime No.66 of 2006, registered under Section 302 IPC. Even the Inspector of Police, CBCID, OCU, Trichy District has requested the employer to advise the petitioner to stay at Pudukkottai. In such circumstances, the contention of the petitioner that though he is inclined to undergo the training, his presence in Pudukkottai has now become indispensable cannot be ignored. Naturally, it would be the endeavour of a son, who lost his father, to assist the investigation to find out the offender. 5. In such circumstances, it would be appropriate to the Joint Director, Directorate of Employment and Training, Guindy, Chennai, to take note of the letter dated 09.07.2011 of the Inspector of Police, CBCID, OCU, Trichy District addressed to the Principal, Government Industrial Training Institute, Pudukkottai and also the police memo dated 01.08.2011, stated supra, and permit the petitioner to continue to work in Pudukkottai. If the rules/regulations or any Government Orders, enable the authorities to depute the petitioner for training at Central Training Institute, Guindy, Chennai, at a later point of time, the same shall also be considered, taking into consideration the circumstances under which the petitioner is now prevented from undergoing the training. As the reasons stated appear to be genuine and bona fide, the petitioner shall be permitted to stay at Pudukkottai to assist the investigation. This order should not be construed to restrict the power of the authority to issue appropriate orders, if there is any administrative exigency. The directions granted in the impugned order dated 30.06.2011 shall not be given effect to, insofar as the petitioner is concerned. 6. With the above directions, the Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1.The Director, Directorate of Employment and Training, Guindy, Chennai. 2.The Joint Director, Directorate of Employment and Training, Guindy, Chennai. 3.The Principal, Government Industrial Training Institute, Pudukkottai. +one cc to Special Government Pleader, Sr.No. 26879 Order made in W.P.(MD).No.8540 of 2011 Dated:- 08.08.2011 SML SMA/09.8.2011/5C/4P https://hcservices.ecourts.gov.in/hcservices/