G.K.Ananth Kumar v. The Commissioner

O R D E R The petitioner challenges the impugned charge memo issued by the first respondent dated 31.12.2008 and for a consequential direction to sanction annual increments, fixation of pay as per the Pay Commission Recommendation within a time fixed by this Court.

¶2The petitioner, who was working as Headmaster in Coimbatore Corporation Middle School, Ramakrishnapuram, Ganapathy, was dismissed from service vide order dated 16.03.2009, pursuant to the disciplinary proceedings initiated against him based on the charge memo on the charges of misappropriation of funds. The petitioner challenged the dismissal order in W.P.No.4958 of 2009 and the writ petition was disposed of by order dated

26.08.2009 by setting aside the Enquiry Officer report as well as the final order, remitting the matter back to the respondent to appoint a fresh Enquiry Officer and conduct enquiry afresh after affording sufficient opportunity to the petitioner. Once again, the petitioner approached this Court in W.P.No.13940 of 2010 challenging the charge memo dated 31.12.2008 on the ground that the Enquiry Officer was not appointed under the Rules and that she is an interested person to the disciplinary proceedings and thereafter, the petitioner has submitted a representation on 09.04.2025 to the Commissioner, Coimbatore Corporation. However, till date, the Commissioner, Coimbatore Corporation, has not finalized the charge memo issued by the Commissioner, Coimbatore Corporation, dated 31.12.2008 within the time fixed by this Court and it is kept pending. Therefore, the present writ petition has been filed challenging the charge memo dated

31.12.2008 issued by the respondent.

¶3Since no adverse order is going to be passed against the respondent, notice to the respondent is dispensed with.

¶4It is an admitted case that the petitioner suffered a dismissal order way back in the year 2009 by order dated 16.03.2009, pursuant to the charge memo dated 31.12.2008. The petitioner has challenged the said dismissal order in W.P.No.4958 of 2009, wherein, this Court has remanded the matter back to the respondent to conduct fresh enquiry and complete the disciplinary proceedings within a specified period. Thereafter, the petitioner has not satisfied with the Enquiry Officer appointed by the respondent and has challenged the charge memo by filing yet another writ petition in W.P.No.13940 of 2010. The said writ petition was also dismissed by order dated 13.03.2025 directing the Commissioner, Coimbatore Corporation to complete the proceedings against the petitioner within a period of three months from the date of receipt of a copy of this order. To cut long story in short, the petitioner has already challenged both the charge memo as well as the dismissal order before this Court by filing two separate writ petitions, wherein, this Court has passed orders. Hence, the petitioner cannot challenge the same order again, since there is no cause of action.

¶5Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Connected miscellaneous petitions are closed.

19.02.2026

NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To The Commissioner, Coimbatore City Municipal Corporation, Coimbatore-641 001.

M.DHANDAPANI, J. ssb

19.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.6168, 6169 and 6172 of 2026 G.K.Ananth Kumar ... Petitioner Vs. The Commissioner, Coimbatore City Municipal Corporation, Coimbatore-641 001. ....Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned charge memo issued by the respondent in Na.Ka.No.16760/2008/MC2, dated 31.12.2008 and quash the same and consequently, to direct the respondent to sanction annual increments, fixation of pay as per Pay Commission Recommendations within a reasonable period as may be fixed by this Court. For Petitioner : Mr.T.Ranganathan