BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/11/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.(MD)No.9050 of 2008 and M.P.(MD)Nos.1 and 2 of 2008 M/s.Rajadurai Karthik Rice Mill Hulling Agent, rep. by D.Chockanathan, S/o.Duraisamy Chettiar, 159/4, Renganayagiammal Street, Kamarajar Salai, Madurai 625 009. ... Petitioner Vs. 1.The District Collector, Madurai. 2.The Senior Regional Manager (In-charge) Tamil Nadu Civil Supplies Corporation, Madurai 625 020. ... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records of the 2nd respondent dated 16.09.2008 in Na.Ka.No.B1/2691/2008 and quash the same. !For Petitioner ... Mr.K.Veera Kathiravan for Mr.K.Govindarajan ^For Respondents ... Mr.R.Janakiramualu Special Government Pleader * * * * :ORDER
This writ petition has been filed to call for the records of the 2nd
respondent dated 16.09.2008 in Na.Ka.No.B1/2691/2008 and quash the same.
2. Heard the learned counsel for the petitioner and also
Mr.R.Janakiramulu, learned Special Government Pleader, appearing for the
respondents.
3. The facts giving rise to the filing of this writ petition as stood
exposited from the averments in the affidavit accompanying the writ petition as
well as from the submissions made by the learned counsel for the petitioner, is
to the effect that the impugned order of suspension was passed without adhering
to the principles of natural justice; the order is cryptic and it is not
referred to any of the grounds set out by the petitioner in defence to the show
cause notice and accordingly it is liable to be quashed.
4. The learned counsel for the petitioner would develop his arguments to
the effect that in the anticipatory bail order granted by the learned Sessions
Judge, Madurai dated 06.08.2008 in Cr.M.P.No.2655 of 2008, there is a reference
to the point that the offending vehicle was found parked near the premises of
the petitioner and not inside the premises and on that ground alone anticipatory
bail was granted; however in the show cause notice, it is found set out that the
vehicle as though was found inside the premises of the petitioner and that such
a vehicle was allowed to enter without being stopped by the watchman or others
to the rice -mill; absolutely there is no incriminating evidence found out as
against the petitioner; without supply of paddy to the petitioner for hulling,
his workers are suffering and the petitioner is also suffering.
5. The learned Special Government Pleader by placing reliance on the
grounds of the counter, would develop his arguments that there are incriminating
circumstances and the police also collected Expert’s opinion to the effect that
the rice transported illegally, was PDS rice; the vehicle was seized from the
premises of the petitioner and not outside his premises. Accordingly, he prayed
for the dismissal of the writ petition.
6. At this jucnture, I would like to point out that on earlier occasion,
this Court directed the Investigating Officer concerned to be present with C.D.
file so as to find out as to how far incriminating circumstances have been
gathered by the police as against the petitioner. But, today no one appeared.
However, the learned Special Government Pleader would produce the copy of the
First Information Report along with the analyst Report, which would show that
the rice seized from the said vehicle was PDS rice.
7. The pertinent point that arises for consideration is as to whether the
impugned order was passed after considering the objections raised by the
petitioner. Hence, it is just and necessary to extract here under, the cryptic
order passed by the authority concerned:
“ghh;it 1-y; fz;Ls;s kJiu khtl;l Ml;rpj; jiyth; mth;fspd; fojj;jpd;go
bk!h;!; uh$Jiu fhh;j;jpf; mhprp Miyapid 19.07.2008 md;W Ma;t[ bra;J rpy
FiwghLfs; fz;Lgpof;fg;gl;L mjdog;gilapy; Fw;wg;g[ydha;t[ Jiwapduhy; Kjy; jfty;
mwpf;if vz;.655/2008, ehs; 29.07.2008 md;W gjpag;gl;L tHf;F vz;.6(4)
o.vd;.v!;.rp.(Mh;Orpv!;) cj;jut[ 1982/r/w 7L(a) ii, EC Act, 1955-d;go tHf;F
bjhlug;gl;Ls;sjhy; bey; xJf;fPL jw;fhypfkhf epWj;jp itf;fg;gl;Ls;sJ. kJiu
khtl;l Ml;rpj;jiyth; mth;fsplkpUe;J Ma;t[ rk;ge;jkhd nWjp Miz fpilf;fg;
bgw;wt[ld; bey; xJf;fPL bra;tJ rk;ge;jkhf eltof;iffs; Bk;wbfhs;sg;gLk; vd;gij
bjhptpf;fg;gLfpwJ.”
8. I could see considerable force in the submissions made by the learned
counsel for the petitioner that in the impugned order, the District Collector’s
letter, the show cause notice given by the authority and the reply given by the
petitioner are referred to. In the body of the letter simply the Collector’s
request alone is found set out and it smacks of the impression as though the
impugned authority was carried away by the request of the Collector and he had
not taken into account the objections and pleas set out by the petitioner in his
explanation to the show cause notice.
9. At this juncture, I would like to point out that the principles of
natural justice warrants that once in response to the show cause notice,
explanations are given, the authority concerned should give reasons either for
accepting or for rejecting the reasons furnished by the petitioner. But, in
this case, there is no iota or shred of evidence to show that the authority
considered those aspects. Hence, in these circumstances, I am of the view that
the authority should be directed to reconsider the order passed by him after
giving due opportunity of being heard to the petitioner within a period of one
week from the date of receipt of a copy of this order.
10. The learned counsel for the petitioner would also highlight that
already the petitioner suffered four months suspension and in such a case
prolongation of suspension would be prejudiced to him. Hence, the authority is
directed to consider all these aspects and pass a reasoned order.
11. With the above said observations and directions, this Writ Petition is
disposed of. No costs. Consequently, connected Miscellaneous Petitions are
closed.
smn
To
1.The District Collector,
Madurai.
2.The Senior Regional Manager (In-charge)
Tamil Nadu Civil Supplies Corporation,
Madurai 625 020.