B.Bommi v. The District Project Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.15712 of 2015 and M.P.Nos.1 to 3 of 2015 B.Bommi ...PETITIONER Vs The District Project Officer, Integrated Child Development Scheme, Vellore, Vellore District.

...RESPONDENT Writ Petition filed under Article 226 of the Constitution of India for the issue of Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the respondent in Se.Mu.Na.Ka.No.244/A1/2013 dated 30.01.2013 and quash the same and direct the respondent to reinstate the petitioner in service with all attendant benefits including payment of subsistence allowance with arrears.

For petitioner :

Mr.P.Rajendran For respondent :

Mr.K.V.Dhanapalan, Additional Government Pleader

O R D E R

The petitioner is an Anganwadi Worker. She is an accused person in a criminal case in Crime No.102 of 2003 on the file of the Inspector of Police, Economic Offences Wing, Vellore District. Apart from the petitioner, one M.Padmini, an Anganwadi Worker is also an accused in the aforesaid criminal case. Besides these two Anganwadi workers, Sub-Registrars of Co-operative Society, namely, R.Kandan and S.Karunakaran are also accused persons. Both the Anganwadi workers as well as the Sub-Registrars were placed under suspension due to the pendency of the criminal case.

2.

When the suspension of the Sub-Registrars were revoked, M.Padmini filed W.P.No.4785 of 2012 before this Court seeking for a direction to revoke her suspension order. The said Writ Petition was disposed of on 10.01.2013. It is relevant to extract para 13 of the said order:

"13. In these circumstances, I am not inclined to interfere with the impugned suspension order passed by the 1st respondent. However, the petitioner is at liberty to make a representation to the first respondent bringing to his notice that the suspension order against the other accused persons, namely, Sub-REgistrars of the Co-operative Society, was revoked by the Co-operative Department and therefore, the suspension order against the petitioner also shall be revoked by way of review. If such representation is made by the petitioner, the first respondent is directed to consider the same on merits and pass orders within a period of eight weeks thereafter."

3.

Now the petitioner has obtained an information under the RTI Act that as per the proceedings of the District Project Officer, Vellore dated 03.07.2014, the suspension order issued to Padmini was revoked on 06.01.2014. Under such circumstances, the petitioner filed this Writ Petition to quash the order of suspension dated 30.01.2013.

4.

At the time of hearing, the learned Counsel for the petitioner submitted that the petitioner may be permitted to make a representation to revoke her suspension in the light of the aforesaid facts.

5.

In view of the narrow prayer now made by the learned Counsel for the petitioner, the Writ Petition is disposed of directing the petitioner to make a representation to the

respondent and on such representation is being made, the respondent is directed to consider the same and pass orders on merits and in accordance with law and also in the light of the above facts, within a period of two weeks from the date of receipt of a copy of this Order. No costs. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tsi To The District Project Officer, Integrated Child Development Scheme, Vellore, Vellore District.

1 CC to Mr.P.Rajendran, Advocate SR.No. 26817 1 CC to the Government Pleader, SR.No. 26873 W.P.No.15712 of 2015 and M.P.Nos. 1 to 3 of 2015 KJI (CO) PSI (11.06.2015)