Madras High CourtWP/4077/2024disposed of

K.Nagarathinam v. The District Collector

2024-02-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Nagarathinam .....

Petitioner Vs The District Collector, Office of the District Collector, Krishnagiri.

.....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to consider and pass an order on the petitioner's representation dated 09.10.2023 within a time fixed by this Court. For Petitioner : Mr.S.Baskaran For Respondent : Mrs.R.L.Karthika Government Advocate

O R D E R

This Writ Petition has been filed for a direction directing the respondent to consider the representation submitted by the petitioner to revoke the order of suspension dated 23.06.2023.

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

3. The petitioner was working as a Block Development Officer (B.P.) Panchayat Union, Thally, Krishnagiri Taluk. While being so, the defacto complainant, viz., Uvais Rahman Khan, lodged a complaint before the Vigilance and Anti Corruption Department, Krishnagiri, alleging that the petitioner and others demanded a sum of Rs.30,000/- for issuing link road certificate. On receipt of the complaint, the Vigilance and Anti Corruption Department, Krishnagiri Wing registered FIR in Crime No.03/AC/2023 for the offence under Section 7(a) of the Prevention of Corruption Act, 1988.

4. Pursuant to the registration of the FIR, the petitioner was arrested and remanded to judicial custody on 24.06.2023. Thereafter, an order dated 28.06.2023 came to be passed, in and by which, the petitioner was deemed to be suspended from service. Even till today, no charge sheet has been laid so far in Crime No. 03/AC/2023. The petitioner was not served with any charge memo. Therefore, the petitioner submitted a representation seeking to revoke the suspension order relying upon the G.O.Ms.No.66, dated 06.07.2022 and G.O.Ms.No.81, dated 08.04.2022.

5. In view of the above, the respondent is directed to consider the representation of the petitioner dated 09.10.2023 and dispose of the same on merits and in accordance with law as per the guidelines issued by the Government in G.O.Ms.No.66, dated 06.07.2022 and G.O.Ms.No.81, dated 08.04.2022, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

21.02.2024 Index : Yes/No Speaking/Non Speaking order Lpp To The District Collector, Office of the District Collector, Krishnagiri.

G.K.ILANTHIRAIYAN, J.

Lpp 21.02.2024