1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14181 of 2011 and M.P.(MD)No.1 of 2011 N.Krishnasamy ... Petitioner Vs. 1. The Secretary to Government, Cooperation, Food and Consumer Protection Department, Secretariat, Chennai 600 009. 2. The Commissioner of Agriculture, Chepauk, Chennai-600 005. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the first respondent relating to Government letter No.37390/CM1/2005-17 dated 29.08.2011 and quash the same. For Petitioner : Mr.S.Visvalingam For Respondents : Mrs.S.Bharathi Government Advocate O R D E R The writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking a Writ of Certiorari to call for the records of the first respondent relating to Government letter No.37390/CM1/2005-17 dated 29.08.2011 and quash the same. 2. Heard Mr.S.Visvalingam, learned Counsel appearing for the petitioner and Mrs.S.Bharathi, learned Government Advocate, who takes notice for the respondents. 3. By consent, the Writ Petition itself is taken up for final disposal. 4. The petitioner, who was an Agricultural Graduate, was appointed as Deputy Agricultural Officer, in the office of the District Agricultural Officer, Ramanathapuram and joined duty on 11.01.1980. After completion of 31 years of service, he was https://hcservices.ecourts.gov.in/hcservices/ 2 continuing in the same cadre of Agricultural Officer and presently serving as Agricultural Officer under the control of P.A.(Agri) to the Collector, Theni District and his date of superannuation is on 30.04.2015. 5. The Government have framed charges against the petitioner in letter NO.37390/CM1/2005-17 dated 29.08.2011 under Rule 17-(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules alleging that while he was serving as Agricultural Officer, Devadhanapatti, Theni District issued identity card in the name of card holders without verifying correct particulars relating to survey number of land, name of person, extent of land and yielding particulars without field verification which facilitated middle men and traders to sell copra in A1216 Dindigul Agricultural Producers Marketing Society, Dindigul in procurement of copra between 15.09.2000 and 30.03.2001. The above said charge memo was communicated to the petitioner by the Joint Director of Agriculture, Theni on 25.11.2011. 6. When the Government issued G.O.No.210, Agriculture Department AA-2, dated 9.10.2009, taking a policy decision that the cases filed before the criminal court are not worthy to be proceeded due to want of evidence, the same analogy will be equally applicable to the cases pending before the Departments as well. On that basis, the learned counsel appearing for the petitioner would submit that when the Government has already taken a policy decision to withdraw all the criminal cases on the ground of huge delay in issuing the charge memo and that it would be highly impossible to collect the acceptable evidence to establish the criminal charges against the delinquent officer, the same reasoning would be equally applicable to the departmental proceedings as well. Accepting this reasoning, this Court in similar matters has quashed the charge memo, which were issued belatedly with inordinate delay of more than 10 years. On that basis, he prayed to quash the impugned charge memo dated 29.08.2011 which was issued with a huge delay. 7. In support of his submission, he relied upon an order passed by the Hon'ble Division Bench of this Court in W.A.Nos.586 to 587 of 2007 dated 5.11.2007 (P.V.Mahadevan Vs. M.D.Tamil Nadu Housing Board) followed by another order passed by a Division Bench of this Court in W.A.No. 610 of 2008 dated 6.3.2009 (T.N.Principal Secretary Home (SC) Department,Chennai and another Vs. R.Ramarajan,IPS, Superintendent of Police T.N.Commando Chennai 28 and other) reported in 2009(3) TLNJ 132 (Civil) and yet another order in the case of B.K.Gunasekaran Vs.State of T.N. reported in 2010 (7) MLJ 161 in W.P. No. 9856 of 2010. 8. In reply, the learned Government Advocate appearing for the respondents would submit that the Government has filed a Writ Appeal against one of the orders, however the same was denied by the learned counsel for the petitioner contending that even that Writ Appeal also was dismissed. https://hcservices.ecourts.gov.in/hcservices/ 3 9. However, the above said submission of the learned Government Advocate may not hold any reason in view of the earlier order passed by the Division Bench in W.A.Nos. 586 and 587 of 2007 dated 5.11.2007 and another order passed on W.A. No. 610 of 2008 dated 6.3.2009. When this Court has consistently passed an uniform order in copra cases quashing the charge memo on the ground that the Government has taken a stand to withdraw all the criminal cases for the reason that it would be impossible for them due to inordinate delay to establish the charges against the delinquent Government employees, the said reason would equally apply to the departmental proceedings as well. 10. In that view of the matter, the present impugned charge memo which has been passed with huge inordinate delay of 10 years is liable to be quashed. Accordingly, finding no sufficient reason to condone the delay for issuance of charge memo, that too, with the delay of 10 years, from the date of retirement of the petitioner, this Court is bound to follow the earlier order passed by this Court as well as the orders passed by the Division Bench. 11. In view of the above, the Writ Petition stands allowed and the impugned delayed charge memo dated 29.08.2011 with inordinate delay of 10 years is quashed. Consequently, the connected Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To 1. The Secretary to Government, Cooperation, Food and Consumer Protection Department, Secretariat, Chennai 600 009. 2. The Commissioner of Agriculture, Chepauk, Chennai-600 005. +1 CC to Special Government Pleader (SR.No.43618) W.P.(MD)No.14181 of 2011 and M.P.(MD)No.1 of 2011 13.12.2011 ssl NSV/4.1.12/3P/4C https://hcservices.ecourts.gov.in/hcservices/