Madras High Court
WP/33655/2023 of K.RANI Vs THE COMMISSIONER OF SOCIAL WELFARE on 10 September 2026
WP No. 33655 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 33655 of 2023
AND
WMP NO. 33499 OF 2023
K.Rani
Extension Officer (social Welfare),
(Under the order of not permitted to retire from Service), Gandarvakottia Panchayat Union, Pudukottai District.
..Petitioner(s)
Vs
1. The Commissioner Of Social Welfare,
Commissionerate Of Social Welfare,
Panagal Maligai, Saidapet, Chennai-15.
2. The District Social Welfare Officer,
O/o.The District Social Welfare Officer, Pudukottai-622 006.
..Respondent(s)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned order passed by the first respondent in Roc.No.31688/Admn 5-(1)/ 2014 dated 03.10.2023
and quash the same.
For Petitioner(s):
Mr.V.Ravikumar
For Respondent(s):
Mr.K.K.Ram Siddhartha
Additional Government Pleader
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WP No. 33655 of 2023
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ORDER
Challenge in this Writ Petition is to the impugned order passed by the first respondent in Roc.No.31688/Admn 5-(1)/ 2014 dated 03.10.2023.
2. The learned counsel appearing for the petitioner would submit that according to the respondents the occurrence took place in the year 2014 and the criminal proceedings are also pending. The respondents having slept the matter almost for nine years, that too while the criminal proceedings are still pending, has come up with the charge memorandum dated 03.10.2023. It is the submission of the petitioner that the petitioner was not permitted to retire vide order dated 31.03.2018 and retaining him in service to face the disciplinary proceedings. He would further submit that they took almost five years to issue charge memorandum which caused great prejudice to the petitioner.
3. At this juncture, the learned Additional Government Pleader appearing for the respondents would submit that they awaited for completion of criminal trial, since the criminal trial is still pending and not completed they have come up with the present charge memorandum.
4. From the above submission, this Court could able to see that even the respondents were awaiting the outcome of the criminal proceedings, but
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WP No. 33655 of 2023
admittedly since there is no substantial progress in the criminal trial. Then only they have come up with the charge memo. It is a fact that here the petitioner has challenged the impugned charge proceedings dated 03.10.2023, on the ground of pendency of criminal prosecution. Since this being a trap case, the respondent also waited for long period, by their conduct they expressed that the decision of the criminal case will have impact upon the disciplinary proceedings.
5. In such view of the factual position, instead of quashing the impugned charge memorandum dated 03.10.2023, this Court would like to dispose of the writ petition by directing the respondents to defer the disciplinary proceedings till the completion of the criminal case.
6. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is also closed. 10-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MTL
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WP No. 33655 of 2023
To
1. The Commissioner Of Social Welfare, Commissionerate Of Social Welfare, Panagal Maligai, Saidapet, Chennai-15.
2. The District Social Welfare Officer, O/o.The District Social Welfare Officer, Pudukottai-622 006.
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WP No. 33655 of 2023
C.KUMARAPPAN J. MTL WP No. 33655 of 2023 AND WMP NO. 33499 OF 2023 10-09-2026
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