Madras High CourtWP/7226/2025dismissed

S.Mangayarkarasi v. The District Collector

2025-03-04Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2025 Coram THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN S.Mangayarkarasi ... Petitioner -VersusThe District Collector, Office of the District Collectorate, Krishnagiri.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondent to consider the writ petitioner's representations dated 21.08.2023, 16.09.2023, 25.10.2023, 06.12.2023, 31.01.2024 and 10.02.2025 and pass orders revoking the order of suspension in view of the G.O.Ms.No.66 dated 06.07.2022 and G.O.Ms.No.81 of 2022 dated 04.08.2022 issued by the Human Resources Management (N) Department within a time frame to be fixed by this Court. For Petitioner : Mr.T.Vedi For Respondent : Mr.M.Shahjahan, Special Government Pleader

ORDER

The writ petition has been filed in the nature of mandamus seeking

consideration of representations dated 21.08.2023, 16.09.2023, 25.10.2023, 06.12.2023, 31.01.2024 and 10.02.2025 given by the petitioner herein. It is quite surprising that from August 2023, the petitioner has been giving representations every month, but from January 2024 she had thought that it is sufficient that if she can give a representation after a period of one year.

2. The petitioner had been placed under suspension consequent to a trap laid against the petitioner and another individual, when there was a demand and acceptance of tainted amount of Rs.42,000/-. In this connection, FIR in crime No.1 of 2023 had been registered against the petitioner under Section 7(a) of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amendment) Act, 2018. The petitioner had been placed under suspension, consequent to the said issue.

3. Now the learned counsel states that the other individual, who is the Tahsildar, had the benefit of the order of suspension being revoked and being posted to a non-sensitive place, and that the same ratio should also be applied to the petitioner herein.

4. But however, it is seen from the records that the investigation has not yet been completed. Let a final report be filed and let it be taken cognizance by the Jurisdictional Court and thereafter, the representations given by the petitioner may be examined by the respondent. At this stage, it may not be proper to revoke the order of suspension. The respondent may take a considered decision after the final report has been filed. If they take a decision to revoke the order of suspension, the petitioner may be posted in a nonsensitive post.

5. The writ petition stands dismissed. No costs. 04.03.2025 nl Index : Yes/No Speaking order/Non speaking order To The District Collector, Office of the District Collectorate, Krishnagiri.

C.V.KARTHIKEYAN, J.

04.03.2025