← Library
Madras High CourtWP/4936/2024dismissed

T.Anbarasan v. The District Revenue Officer

2024-02-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4936 of 2024 T.Anbarasan ....

Petitioner Vs The District Revenue Officer, Collector's Office, Erode District, Erode.

....

Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pass order on the representation dated 15.06.2023 seeking revocation of suspension made in Government Letter (Ms.) No.43/N/2015-3 dated 26.04.2016 by reviewing the same on merits and as per Government Order within a time to be stipulated by this Court.

For Petitioner : Mr.E.V.Chandru For Respondents : Mr.R.Kumaravel Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed for a direction directing the respondent to consider the representation of the petitioner dated 15.06.2023 seeking revocation of suspension order dated 17.02.2023.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was employed as Senior Revenue Inspector in the Collector's Office, Erode District. Subsequently, he was transferred to Perundurai and appointed as Land Revenue Inspector, Perundurai Taluk. While being so, the petitioner was trapped and he was arrested and remanded to judicial custody on 14.02.2023. The Inspector, Vigilance and Anti Corruption, has registered an FIR in Crime No.01/AC/2023 for the offence under Section 7(a) of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption Amendment Act, 2018. Therefore, the petitioner was deemed to be suspended by an order dated 17.02.2023 under Clause (2) of Sub-rule (e) of the Rule 17 of Tamil Nadu Civil Services (Discipline and Appeal) Rules. 2/4

4. Thereafter, the petitioner submitted a representation to revoke his suspension on the ground that it was a prolonged suspension and that the petitioner was not served with any charge memo and also no charge sheet was filed for the vigilance and anti corruption case. However, the representation of the petitioner was rejected by the respondent by an order dated 31.07.2023. Without even challenging the said order, once again, the petitioner filed this writ petition for direction directing the respondent to consider his representation dated 15.06.2023 seeking revocation of his suspension order. That apart, the petitioner involved in corruption case and he was also served with charge memo dated 07.12.2023. Now, the Enquiry Officer has been appointed to conduct disciplinary enquiry. Therefore, the writ petition itself is devoid of merits and it is liable to be dismissed.

5. Accordingly, this Writ Petition stands dismissed. No costs. 28.02.2024 Index:Yes/No Speaking Order: Yes Lpp 3/4

G.K.ILANTHIRAIYAN, J.

Lpp To The District Revenue Officer, Collector's Office, Erode District, Erode.

W.P.No.4936 of 2024 28.02.2024 4/4