K.Karpagam, v. The Revenue Divisional Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2025
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN AND WMP NO.11915 OF 2025 Tmt.K.Karpagam ...
Petitioner VS.
The Revenue Divisional Officer Revenue Divisional Office Udhagamandalam, The Nilgiris District.
...
Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the respondent to review the suspension order in Proceedings Rc.No.RDOUDG/178/2024-A1 dated 06.04.2024 as per the Government Order vide G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022 and further direct the respondent to pay subsistence allowance 75% from October 2024 onwards by considering the representation dated 10.10.2024.
For Petitioner :
Mr.P.Ganesan For Respondent :
Mr.S.Yashwanth Additional Government Pleader Page No.1 of5
O R D E R
The writ petition has been filed in the nature of a Mandamus, seeking a direction against the respondent to review the order of suspension dated 06.04.2024 and also grant subsistence allowance at 75 percent from October 2024 onwards. The petitioner had given a representation on 10.10.2024.
2.In the affidavit filed in support of the writ petition, it had been contended that the petitioner was appointed as a Village Administrative Officer upon being selected by the Tamil Nadu Public Service Commission. He was serving in that capacity at Thummanatty-2 Village, Nilgiris District. A complaint was lodged by one M.Jayaganesh, alleging that the petitioner had demanded a bribe of Rs.3,000/- for transfer of chitta in the name of the defacto complainant. In connection with this allegation, an FIR in Crime No. 2/AC/2024 was registered by the Vigilance and Anti-Corruption Department, Udhagamandalam, Nilgiris District, on 04.04.2024. The petitioner was arrested and remanded to custody on 05.04.2024 and was subsequently suspended Page No.2 of5
from service on 06.04.2024. In this writ petition, the petitioner seeks to review the suspension order and also requests payment of subsistence allowance at the rate of 75%.
3.It had been contended by the learned Additional Government Pleader for the respondents that by order dated 26.03.2025 issued by the Revenue Divisional Officer, Udhagamandalam, Nilgiris District, subsistence allowance at the rate of 75% of the basic pay had been sanctioned and disbursed to the petitioner. 4.The other issue pertains to the review of the order of suspension. The learned counsel for the petitioner placed reliance on the guidelines issued in G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022. As per the said Government Order, it had been stipulated that any order of suspension must be reviewed once in every three months and it should also be examined whether there is a continuing necessity to keep the Government servant under suspension. Page No.3 of5
5.A direction is issued to the respondent to examine the entire matter concerning the petitioner in light of the Government Order in G.O.(Ms)No.81, Human Resources Management (N) Department, dated 04.08.2022 and take an appropriate decision within a period of four weeks from the date of receipt of a copy of this order. The respondent is also obligated to continue paying the petitioner subsistence allowance for the duration of his suspension.
6.The writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16.04.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK To The Revenue Divisional Officer Revenue Divisional Office Udhagamandalam, The Nilgiris District.
Page No.4 of5
C.V.KARTHIKEYAN, J.
TK 16.04.2025 Page No.5 of5