P.Panneerselvam v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.7616 to 7618 of 2024 P.Panneerselvam

...Petitioner

-Vs1.The Inspector General of Registration No.100, Santhome High Road Chennai -28.

2.The Deputy Inspector General of Registration Grd Road Coimbatore - 641 018.

3.The District Registrar Administration Nerperuchal, Thirupur Thirupur District- 641 602.

4.The Deputy Inspector General of Registration Ammapet, Salem - 636 014.

5.The Sub Registrar Sub Registrar Office Thottipalayam, Tiruppur District.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent's impugned order by framing charges against the petitioner in ROC No.37859/V3/2020-4 dated 22.02.2021 and quash the same as null and void and consequently direct the 1st respondent to reinstate the petitioner as Assistant in the 5th respondent office pursuant to the order dated 28.11.2023 in W.P.No.7487/2022.

For petitioner : Mr.G.V.Sridharan For respondents : Mrs.U.Baranidaran Additional Government Pleader

ORDER

This writ petition has been filed challenging the charge memo dated 22.02.2021.

2. The petitioner had joined in the cadre of Assistant in the office of the District Registrar on 28.12.2012. Finally he was working as Assistant in Thottipalayam Sub-Registrar Office. The petitioner was alleged that total sum of Rs.68,93,432/- had misappropriated by the petitioner. Therefore, in pursuant to the said allegation FIR was registered in Crime No.02 of 2021. 2/6

In which the petitioner is arrayed as accused. In pursuant to the registration of FIR, the petitioner was served with charge memo and he was also placed under suspension. The order of suspension was challenged before this Court by the petitioner and this Court by an order dated 28.11.2023 revoke the order of suspension and directed the respondents to reinstate the petitioner into service. However, against which the respondents preferred appeal and the same was pending. Now, the petitioner is challenging the charge memo dated 22.02.2021 on the ground that so far enquiry has not been completed and he is not reinstated his service as directed by this Court.

3. In view of the above, this Court finds no infirmity or illegality in the charge memo dated 22.02.2021 and the allegations are serious in nature. That apart, the enquiry proceedings has not been completed sofar. Therefore, in view of the above, the disciplinary authority is directed to pass final orders on the charge memo dated 22.02.2021 within a period of twelve weeks after giving opportunity to the petitioner on merits in accordance with law. It is also clear that the petitioner is entitle for getting subsistence allowance. The petitioner suffers with non-compliance of the order passed 3/6

by this court. He is at liberty to file contempt petition in the manner known to law.

4. With the above direction, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. 18.03.2024 Index : Yes/No Speaking/Non-Speaking order gvn 4/6

To 1.The Inspector General of Registration No.100, Santhome High Road Chennai -28.

2.The Deputy Inspector General of Registration Grd Road Coimbatore - 641 018.

3.The District Registrar Administration Nerperuchal, Thirupur Thirupur - 641 602.

4.The Deputy Inspector General of Registration Ammapet, Salem - 636 014.

5.The Sub Registrar Sub Registrar Office Thottipalayam, Tiruppur.

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G.K.ILANTHIRAIYAN,J.

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