S.Aravindan v. The Chief Engineer (Ae)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.9833 & 9834 of 2024 S.Aravindan

...Petitioner

-Vs -

1. The Chief Engineer (AE), Agricultural Engineering Department, Nandanam, Chennai - 35.

2. The Assistant Executive Engineer (AE), Agricultural Implements Workshop, Tiruvarur & District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned suspension order Proc.No.DC4/19259/2023 dated 25.03.2024 issued by the first respondent and quash the same and consequently direct the first respondent to permit the petitioner to retire with retirement benefits.

For Petitioner : Mr.P.Vijendran For Respondents : Mrs.R.L.Karthika Government Advocate

ORDER

This writ petition has been filed challenging the order of suspension dated 25.03.2024, passed by the first respondent. 2.

The petitioner was appointed as Assistant Soil Conservation Officer at Cuddalore Sub Division on 11.12.1985. Subsequently, he was promoted to the post of Junior Engineer in the office of the Assistant Executive Engineer, Mannargudi. Now the petitioner is about to retire as he is going to attain the age of superannuation on 31.03.2024. At this juncture, the petitioner was placed under suspension by the first respondent.

3.

The learned counsel appearing for the petitioner submitted that no reason has been assigned in the order of suspension. After rendering 39 years of unblemished service, without any reason the petitioner was placed under suspension.

4.

The learned Government Advocate appearing for the respondents on instructions submitted that the petitioner had committed misappropriation of government fund in the implementation of Sub

Mission on Agricultural Mechanization scheme at Nagapattinam District and the petitioner is yet to serve charge memo. 5.

Heard, the learned counsel appearing on either side and perused the materials placed before this Court. 6.

Considering the facts and circumstances, a prima facie case is made out for suspending the petitioner from service. Therefore, this Court finds no infirmity or illegality in the order passed by the first respondent. Accordingly, the writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

27.03.2024 Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Chief Engineer (AE), Agricultural Engineering Department, Nandanam, Chennai - 35.

2. The Assistant Executive Engineer (AE), Agricultural Implements Workshop, Tiruvarur & District.

W.P.No.8830 of 2024 and W.M.P.Nos.9833 & 9834 of 2024 27.03.2024