Palani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. No. 10811 of 2022 Palani ... Petitioner Vs

1. The District Collector, Kanchipuram District, Kanchipuram.

2. Thasildar, Kanchipuram Taluk, Kanchipuram District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the order dated 17.02.2021 bearing No. RC4651/2020/A3 on the file of the second respondent, quash the same.

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For Petitioner : Mr. T.Sathiyamoorthy For Respondents : Mr.G.Velu, Additional Government Pleader

O R D E R

Heard Mr. T.Sathiyamoorthy, learned counsel for the petitioner and Mr. G.Velu, learned Additional Government Pleader appearing for the respondents and perused the materials placed on record, apart from the pleadings.

2. The Writ Petition has been filed challenging the order of suspension dated 17.02.2021.

3. The petitioner was appointed as Village Assistant on 27.10.2007. While that was so, on 10.02.2021, a case was registered against the petitioner and two others based on a complaint lodged by the Deputy Registrar (Housing), Chengalpattu, and the same was registered in First Information Report in Crime No. 1 of 2021 on the file of the Inspector of Police, CCIW, Kanchipuram. Pursuant to the registration of the First 2/5

Information Report, the petitioner was suspended from service on 17.02.2021. The said order of suspension is under challenge in this Writ Petition.

4. While the Writ Petition was pending, the petitioner was served with a charge memo on 22.08.2023. The petitioner submitted a detailed explanation to the second respondent on 15.09.2023. However, without being satisfied with the explanation submitted by the petitioner, an order was passed on 04.07.2024 appointing an Enquiry Officer to conduct an enquiry and complete the same within a period of three weeks.

5. At that juncture, the order of suspension cannot be revoked since the petitioner, in conspiracy with other delinquents, sold the house plot with convenience and caused a loss of Rs. 9,12,000/- to the Society. Therefore, this Writ Petition is devoid of merits and is liable to be dismissed.

6. Accordingly, this Writ Petition is dismissed. However, the Disciplinary Authority is directed to complete the disciplinary proceedings 3/5

within a period of three months from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous Petition is closed. No costs.

12.07.2024 1/2 Index:Yes/No kv To

1. The District Collector, Kanchipuram District, Kanchipuram.

2. Thasildar, Kanchipuram Taluk, Kanchipuram District.

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G.K.ILANTHIRAIYAN, J.

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