R.Jayanthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022

CORAM

THE HON'BLE MR JUSTICE D.KRISHNAKUMAR W.P.No.2942 of 2022 & W.M.P.No.3090 of 2022 R.Jayanthi, W/o.Raja,

...Petitioner

Vs.

1. The District Collector, Nagapattinam Nagapattinam District.

2. The District Project Officer, Integrated Child Development Scheme, Nagapattinam Nagapattinam District.

3. The Project Officer,, Integrated Child Development Scheme, Vedaranayam, Vedaranyam Taluk, Nagapattinam District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records in relates to the proceedings of the 1st respondent in Se.Mu.Na.Ka. No.14/A1/2021 dated 24.12.2021 and quash the same and consequently direct the first respondent to reinstate the petitioner as Anganwadi worker along with attendant and monetary benefits.

For Petitioner : Mr. S.Consious Elango for Mr.V.Kasinatha Bharathi For Respondent : Mr.S.Rajesh, Government Advocate

ORDER

This writ petition has been filed seeking to issue a Writ of Certiorari Mandamus, quashing the impugned order passed by the 1st respondent in Se.Mu.Na.Ka.No.14/A1/2021 dated 24.12.2021 and consequently direct the first respondent to reinstate the petitioner as Anganwadi worker along with attendant and monetary benefits.

2. The case of the petitioner in brief:

The petitioner was working as an Anganwadi Worker in the Anganwadi Center of Panchanathikulam East. On 13.12.2021, a show cause notice, containing six charges, was issued to her asking to give explanation, within three days. The petitioner gave representation. On 24.12.2021, the first respondent issued suspension order, without conducting any enquiry and without assigning any proper reason. Hence this writ petition.

3. Though this writ petition is filed to quash the impugned suspension order, during the course of the argument, the learned counsel appearing for the petitioner, relied upon a decision of this court in W.P.No.28261 of 2014 dated 08.12.2014 and submitted that, as per the order of this court, the petitioner is entitled for Subsistence Allowance during the suspension period. He further submitted that, appropriate directions may be issued to the second respondent to conclude the enquiry proceedings, within a time frame, as fixed by this court.

4. The learned standing counsel appearing for the respondents submitted that the enquiry proceedings will be concluded and appropriate orders will be passed by the authorities concerned, as ordered by this court.

5. Inview of the above submissions and considering the facts and circumstances of the case, this court is inclined to pass final order.

6. Accordingly, it is ordered as follows.

i) The second respondent is directed to complete the enquiry proceedings and pass final orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition is disposed of. consequently, connected writ miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mst To

1. The District Collector, Nagapattinam District.

2. The District Project Officer, Integrated Child Development Scheme, Nagapattinam, Nagapattinam District.

3. The Project Officer,, Integrated Child Development Scheme, Vedaranayam, Vedaranyam Taluk, Nagapattinam District.

+1cc to Mr.V.Kasinatha Bharathi, Advocate, S.R.No.10651 +1cc to the Government Pleader, S.R.No.11591 W.P.No.2942 of 2022 & W.M.P.No.3090 of 2022 MT[co] NSK 17/03/2022