A. VIJAY ANAND vs The Registral General,
- Court
- Madras High Court
WP No. 49930 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP Nos. 49930 & 49935 of 2025
AND
WMP Nos. 55811 & 55816 of 2025
A. Vijay Anand
..Petitioner in both writ
petitions
Vs
1. The Registrar General,
High Court, Madras.
2. The Principal District Judge,
Salem.
3. The Subordinate Judge,
Omalur, Salem District.
..Respondents in both
writ petitions
WP No. 49930 of 2025
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorari calling for records with respect of the
impugned charge memo in form of Official Memorandum issued by the 2nd
Respondent dated 07.07.2025 and quash the same.
WP No. 49935 of 2025
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorari calling for records with respect of the
impugned charge memo in form of Official Memorandum issued by the 2nd
Respondent dated 31.10.2025 and quash the same.
In both writ petitions
For Petitioner(s): Mr.R. Nalliyappan
For Respondent(s): Mr.R.Sunil Kumar.
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WP No. 49930 of 2025
COMMON ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The writ petitioner was appointed as Typist on 24.07.2009 and
promoted to the post of Assistant on 06.02.2012 and subsequently as Head
Clerk on 16.05.2015. He was promoted as Grade II Bench Clerk on
04.04.2016 and thereafter promoted as Translator on 08.06.2016 and finally
he was promoted as Senior Sheristadar on 03.10.2022.
2.Based on a complaint, a departmental disciplinary proceedings are
initiated against the petitioner. Two separate charge memorandums have
been issued under Section 17 (b) of the Tamil Nadu Civil Services (Discipline
and Appeal) Rules. The writ petitioner submitted explanations denying the
charges. Simultaneously writ petitions are filed challenging the charge
memorandums.
3.The learned counsel for the respondents would submit that an enquiry
officer had been appointed to conduct domestic enquiry in respect of the two
charge memorandums and the enquiry proceedings have commenced. At this
stage, the writ petitions came to be instituted challenging the very charge
memo.
4.The learned counsel for the petitioner would submit that the
allegations are false. The complainant had submitted a letter withdrawing the
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WP No. 49930 of 2025
complaint. Therefore, there is no need to continue the departmental
disciplinary proceedings.
5.The learned counsel for the respondents would oppose by stating that
the allegations are serious and the enquiry officer already commenced the
enquiry proceedings. Therefore, the charge memorandums at this stage need
not be interfered with.
6.This Court has considered the rival submissions made between the
parties to the lis on hand.
7.Challenge against the charge memorandums can be made only on
limited grounds. If any charge memorandum has been issued by an
incompetent authority having no jurisdiction or tainted with allegations of
malafide, then alone the Court in exercise of the powers of judicial review may
entertain the writ petition. In the event of raising an allegation of malafide
against any authority, such authority must be impleaded as respondent in
his/her personal capacity. The allegations of malafide should be
established/proved beyond any pale of doubt. Mere statements or averments
in affidavits would be insufficient to prove malafide against the competent
authority. Factual inferences alone per se would not constitute a ground for
malafides.
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WP No. 49930 of 2025
8.In the present case, the grounds raised to assail the charge
memorandum are on merits. Disputed facts cannot be adjudicated by the
High Court in a writ proceedings. All such disputed facts are to be adjudicated
during the domestic enquiry/proceedings based on the documents available
on record and the evidences produced between the parties. Nipping in the
bud is not desirable in departmental disciplinary proceedings. In the event of
setting aside the charge memo on merits, it would cause prejudice to the
interest of the administration. Therefore, the scope of entertaining a writ
proceedings against a charge memo is limited and disputed facts raised on
merits between the parties deserves adjudication at the hands of the
disciplinary authority by following the procedures as contemplated under the
Discipline and Appeal Rules and by affording an opportunity to the delinquent
officers. Any findings by the Writ Court on merits would also cause prejudice
in the matter of conduct of departmental proceedings. Thus, the High Court is
expected to exercise restraint in dealing with the merits in the event of charge
memorandum being under challenge and the parties have to be relegated to
defend their case by availing the opportunities to be afforded by the
Disciplinary Authority under the Discipline and Appeal Rules applicable. The
issuance of charge memo per se would not constitute a cause for institution of
writ proceedings nor infringe upon the service right of an employee.
9.In the present case, domestic enquiry proceedings have already been
commenced. Thus, the writ petitioner is at liberty to raise all the grounds on
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merits before the competent authority by availing the opportunity to be
afforded to him.
10.In view of the above discussions, the present writ petitions are
devoid of merits and the writ petitions are dismissed. No costs.
(S.M.S.,J.) (C.K.,J.)
27-08-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SLI
To
1.The Registrar General,
High Court, Madras.
2.The Principal District Judge,
Salem.
3.The Subordinate Judge,
Omalur, Salem District.
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WP No. 49930 of 2025
S.M.SUBRAMANIAM J.
AND
C.KUMARAPPAN J.
SLI
WP Nos. 49930 & 49935 of 2025
AND
WMP Nos. 55811 & 55816 of 2025
27-08-2026
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