(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records with respect to the Impugned Charge memo issued by the Respondent in Na.Ka.A1/3562/2023 dated 22.12.2023 to the petitioner and quash the same.)

1. Aggrieved by the impugned charge memo dated 22.12.2023 issued by the respondent, the petitioner is before this Court.

2. Mr.T.M.Rajangam, learned Government Advocate takes notice on behalf of the respondent.

3. It is the case of the petitioner that, during the course of his employment as a Superintendent in the office of the respondent, the petitioner has been issued with charge memo dated 22.12.2023 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules alleging that he had accompanied one V.Sridharan, formerly Assistant Settlement Officer (North) during his camp at Karanappatti Village from 03.04.2023 to 05.04.2023 and had supported him in issuing riotwari pattas in respect of the riotwari lands to ineligible persons by misusing his official capacity for personal gain. Challenging the same, the present Writ Petition has been filed.

4. Learned counsel for the petitioner submitted that the petitioner neither accompanied the said Sridharan, nor participated in the camp held at the relevant point of time as alleged in the charge memo. It is further submitted that though the petitioner had submitted his explanation to the charge memo, however, till date the same has not been forwarded to the Government. Further, the respondent has not furnished any specific details or evidence so as to prove the alleged personal gains made by the petitioner in connection with the allegations levelled against him pertaining to issuance of riotwari pattas to the ineligible persons. Therefore, the allegations levelled against the petitioner in the impugned charge memo are wholly arbitrary and illegal and accordingly, the same is liable to be interfered with.

5. Learned Government Advocate appearing for the respondent submitted that the explanation submitted by the petitioner to the charge memo has been forwarded to the Additional Chief Secretary/Commissioner of Revenue Administration vide letter dated 26.02.2024 and that the disciplinary action is pending for appointment of an enquiry officer. He further submitted that, if the petitioner has not committed any offences as alleged in the charge memo, he is at liberty to adduce the evidences before the enquiry officer concerned during the course of enquiry or to prefer an appeal as against any order that may be passed.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. Considering the fact that the petitioner has specifically denied the allegation stating that he had accompanied the Assistant Settlement Officer during the relevant period and no materials have been placed before this Court by the respondent to prima-facie substantiate such allegation. In the absence of any such materials, this Court is of the considered view that it is necessary for the respondent to verify the available records before proceeding further with the disciplinary proceedings.

8. In such view of the matter, the respondent herein is directed to examine the documents available with them and ascertain as to whether the petitioner had, in fact, accompanied one Sridhar, ASO on the relevant dates. If it is found that the petitioner had not accompanied him, the respondent shall close the proceedings as against the petitioner and pass appropriate orders within a period of twelve (12) weeks from the date of receipt of a copy of this order. However, if any incriminating material is found against the petitioner, the respondent is directed to conclude the disciplinary proceedings as expeditiously as possible.

9. The Writ Petition stands disposed of in the above terms. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.