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Judgment
Vinod K. Sharma, J.—The Petitioners seeks, a writ in the nature of certiorari, to quash the charge memo issued to the Petitioner for violating
Rule 21 of the Tamil Nadu Municipal Servants Conduct Rules 1979.
The Petitioner has challenged the impugned order on the ground that in the absence of investigation, u/s 154 Code of Criminal Procedure and
registration of FIR, No. charge can be framed against the Petitioner.
The learned Counsel for the Petitioner, vehemently contended, that the charge sheet was ex-facie, illegal, without jurisdiction and void under
law, as the first Respondent had No. jurisdiction to initiate the departmental proceedings, except on the basis of the materials collected in the
investigation, and furthermore that, in the absence of FIR, No. further investigation can be carried out.
The contentions raised by the learned Counsel for the Petitioner are totally misconceived. For holding, a departmental enquiry, neither
registration of FIR nor police investigation, are necessary. The departmental proceedings are not governed by Code of Criminal Procedure, but by
the departmental rules.
It is also well settled law that when an action, gives a right for criminal prosecution as well as the departmental proceedings, the competent
authority can initiate both the proceedings, simultaneously.
No ground, is made out to interfere with the impugned charges.
No merit. Dismissed. Consequently, connected Miscellaneous Petition is closed. No. costs.