Madras High CourtWP/23551/2008dismissed

G.Karunakaran v. The District Collector And

2021-09-06Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.23551 of 2008 and M.P.No.1 of 2008 G.Karunakaran

...Petitioner

1. The District Collector and Inspector of District Panchayats, Dharmapuri District, Dharmapuri.

2. The Assistant Director, Rural Development, Manchavadi Panchayat,

3. The Block Development Officer,

4. The President, Manjavadi Village Panchayat, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari to call for the records of the 1st respondent in proceedings Na.Ka.No.2407/2008/A1 dated 02.07.08, quash the same.

For Petitioner : Mr.Abdul Saleem For Respondents: Mr.S.John J. Raja Singh Government Advocate - R1 No appearance - R2 to R4

O R D E R

There is no representation for R2 to R4, even though the names of R2 and R4 and the name of the counsel for R3 are printed in the cause list.

2. The petitioner has challenged order of suspension dated 02.07.2008. The petitioner was working as Assistant in Manjavadi Panchayat for 10 years. Pursuant to an inspection

conducted on 02.06.2008, certain discrepancies were found in regard to the disbursement of payments, being, no proper maintenance of accounts/vouchers as well as certain missing records. As a result of the aforesaid inspection, the petitioner was suspended. He has resumed service on the strength of an order of interim stay granted by this Court on 25.09.2008.

3. While this is so, the petitioner appears to have been suspended on 04.02.2020 yet again and had challenged the said order of suspension by way of Writ Petition bearing W.P.No.10171 of 2020, which came to be dismissed as withdrawn on 16.10.2020. Thus the petitioner is presently not in service.

4. In the light of aforesaid, it would suffice that charges as against the petitioner in relation to the discrepancies found in inspection dated 02.06.2008 be framed at the earliest, since it is the petitioner's case that no charges have been framed till date. Let enquiry be completed and an order passed after hearing the petitioner within a period of eight (8) weeks from today. Order of suspension dated 02.07.2008 is not disturbed in the aforesaid circumstances.

5. This Writ Petition is dismissed. No costs. Connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar sl To

1. The District Collector and Inspector of District Panchayats, Dharmapuri District, Dharmapuri.

2. The Assistant Director, Rural Development, Manchavadi Panchayat,

3. The Block Development Officer,

4. The President, Manjavadi Village Panchayat, +1cc to the Government Pleader, S.R.No.45238 W.P. No.23551 of 2008 and M.P.No.1 of 2008 AK II(CO) GN(17/09/2021)