WP/31491/2025 of PRAVEEN Vs THE JUDICIAL MAGISTRATE on 9 September 2026

O R D E R

(Order of the Court was made by S.M.Subramaniam, J.) The present writ petition has been instituted challenging the enquiry report submitted in a departmental disciplinary proceedings.

2. The writ petitioner is working as a Head Clerk. A charge memorandum under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules was issued on 07.03.2025. Opportunity was granted to the petitioner to submit her explanation on the charges vide Proceedings dated 27.03.2025. Not satisfied with the explanations, Enquiry Officer was appointed. A domestic enquiry was conducted by affording opportunity to the writ petitioner. The petitioner participated in the enquiry and defended her case by availing the opportunity granted to her. The Enquiry Officer, after conducting a detailed enquiry, submitted his report on 10.07.2025. The Sub Judge, was appointed as an Enquiry Officer in the present case. The Enquiry Officer conducted an elaborate enquiry by considering the documents and evidences produced to

W.P.NO.31491 OF 2025

establish the charges framed. Further show cause notice was issued seeking explanation from the petitioner on the findings of the Enquiry Officer. Since the Enquiry Officer held the charges as proved, instead of submitting further explanation, the petitioner has chosen to file the present writ petition.

3. The learned counsel for the petitioner would submit that the charges are trivial in nature and therefore, the charge memo issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules is unsustainable. He would submit that the petitioner is an innocent person and was not involved in any of the allegations set out in the charge memorandum.

4. This Court is of the considered view that the said ground cannot be considered by this Court in a writ petition at this stage. Charges were framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. It is the prerogative of the Authority to assess the nature of the allegations against an employee and frame appropriate charges. Ultimately, the punishment to be imposed will be decided on the basis of the enquiry report and the findings therein.

W.P.NO.31491 OF 2025

However, the Disciplinary Authority is empowered to disagree with the findings of the Enquiry Officer, in which case, a further opportunity is to be afforded to the writ petitioner.

5. In the present case, rules of natural justice has been complied with. The petitioner participated in the process of domestic enquiry and defended her case. The Enquiry Officer submitted his final report on 10.07.2025. Show cause notice was issued seeking explanation on the findings of the Enquiry Officer. Therefore, the present writ petition is not entertainable. The grounds raised on merits deserves no merit adjudication in the writ petition. All such grounds may be raised in the explanations to be submitted by the writ petitioner in response to the show cause notice issued by the Disciplinary Authority enclosing the copy of the enquiry report.

6. Thus, the petitioner is at liberty to submit her further explanations on the findings of the Enquiry Officer. On receipt of any such explanation, the Disciplinary Authority shall consider and pass final orders in the disciplinary proceedings, as expeditiously as possible.

W.P.NO.31491 OF 2025

7. With these directions, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [K.G.R., J.]

09.09.2026 Index : Yes Speaking Order : Yes Neutral Citation : Yes TK To

1. The Judicial Magistrate Gingee.

2. The Enquiry Officer cum Motor Accident Claims Tribunal No.II Judge Villupuram.

3. The Hon’ble Principal District Judge Villupuram.

W.P.NO.31491 OF 2025

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. TK W.P.NO.31491 OF 2025 09.09.2026