Madras High Court
WP/27710/2024 of K.VISHWANATHAN,S/O. P.KANNAN Vs THE GOVERNMENT OF TAMIL NADU on 11 September 2026
WP No. 27710 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 27710 of 2024
AND
WMP NO. 30226 OF 2024
K.Vishwanathan,
S/o. P.Kannan
No.5 Sanjeeva Reddy Street,
Gengureddi Kuppam, I.A.F. Post,
Avadi, Chennai- 600 055.
..Petitioner(s)
Vs
1. The Government Of Tamil Nadu
Rep by its Principal Secretary,
Municipal Administration,
Fort St. George, Chennai- 600 009.
2. The Principal Secretary / Commissioner, Greater Chennai Corporation, Ripon Building, Chennai- 600 003.
3. The Standing Committee
Taxation And Finance,
Greater Chennai Corporation,
Ripon Building, Chennai- 600 003.
Rep by its Secretary.
4. The Deputy Commissioner
Greater Chennai Corporation,
Ripon Building, Chennai- 600 003.
..Respondent(s)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of the order passed by the 4th respondent in his E.Po.Thu. M.Va.Pa. Na.
WP No. 27710 of 2024
Ka.No.M2/ 1161/ 2022 dated 10.08.2022 which was confirmed in appeal by the 3rd respondent, communicated by the 2nd respondent in his proceedings Po.Thu. Na ka. No.E 14 /28149 / 2022 dated 15-12-2022 and order of revision passed by the 1st respondent passed in G.O.(P) No.451 Municipal Administration and water Supply (Ma Na.3) Department dated 16-08-2024 and quash the same and direct the Respondents 1 to 4 to reinstate the petitioner in service with all benefits back wages and continuity of service from the date of Dismissal till the date of re- instatement.
For Petitioner(s):
Mr.P.Ebenezer Paul
For Respondent(s):
Mr.K.K.Ram Siddhartha
Additional Government Pleader for R1
Mr.D.B.R.Prabhu
Standing Counsel for R2 to R4
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ORDER
The present writ petition has been filed challenging the impugned order dated 10.08.2022 and the order passed in revision dated 16.08.2024.
2. The charge against the petitioner is that since 03.02.2021 for about 79 days, the petitioner was unauthorised absent and due to his unauthorised absence, there is a dislocation of work. While perusing the impugned order the petitioner has admitted his guilt, however he would seek admonition on the ground that he has got some physical ailment, which resulted in mental stress and thereby he did not attend duty.
WP No. 27710 of 2024
3. The learned counsel appearing for the petitioner would submit that the petitioner is aged about 49 years and that for the unauthorised absent, dismissal from service is shockingly disproportionate. It is also his contention that the petitioner, being a cleaner and having such an illness and having admitted the charge, he should not be dealt in such serious way and that the very punishment is shockingly disproportionate.
4. However, the said contention was strongly objected by the learned Additional Government Pleader appearing for the respondents who would submit that the petitioner was unauthorised absent from 17.09.2018 to 27.09.2018 for 11 days and from 18.01.2019 to 26.03.2019 for 68 days. Further, for those unauthorised absence, the petitioner was dealt lenient and was treated as leave on loss of pay. Inspite of warning, the petitioner has not mend himself. It is also his submission that the petitioner cannot expect leniency at all time and his past conduct would clearly demonstrate that there are no mitigating circumstances. Hence prayed for dismissing the present writ petition.
5. I have given anxious consideration on either side submissions.
6. While looking into the factual position, the petitioner was employed in respondent corporation as a cleaner, therefore we must keep in mind that their understanding of the things, in respect of the warning administered by the respondent authority. No doubt the conduct of the petitioner would definitely cause dislocation of the work. However, very nature of the admission given by the petitioner for the charges levelled against him would clearly indicate that he
WP No. 27710 of 2024
is of the person who could be mended if proper counselling is being given. Furthermore, while looking into the age of the petitioner, he is 49 years old on the date of filing the petition and that he was only appointed during 2016. Considering the fact and the way in which he conducted himself before the disciplinary authority by admitting his guilt and explained the reason for such unauthorised absence, dealing the petitioner with severe punishment has shocked to the conscience of the court and furthermore, for unauthorised absence, dismissal from service in the backdrop of the above facts and circumstances seems to be shockingly disproportionate. Therefore, this Court would like to interfere with the punishment and hence the impugned order is set aside to the extent of punishment and the matter is remitted back to the respondent to reconsider the quantum of punishment. Taking into consideration of the observation made herein above, the respondent is directed to pass final order in respect of the punishment within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Writ Miscellaneous Petition is closed. 11-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MTL
WP No. 27710 of 2024
To
1. The Government Of Tamil Nadu Rep by its Principal Secretary, Municipal Administration, Fort St. George, Chennai- 600 009.
2. The Principal Secretary / Commissioner, Greater Chennai Corporation, Ripon Building, Chennai- 600 003.
3. The Standing Committee Taxation And Finance, Greater Chennai Corporation, Ripon Building, Chennai- 600 003. Rep by its Secretary.
4. The Deputy Commissioner Greater Chennai Corporation, Ripon Building, Chennai- 600 003.
WP No. 27710 of 2024
C.KUMARAPPAN J. MTL WP No. 27710 of 2024 AND WMP NO. 30226 OF 2024 11-09-2026