S.Rajeswari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.Nos.12944 and 12945 of 2025 S.Rajeswari ... Petitioner Vs.
The District Collector, Collectorate Office, The Nilgiris, Nilgiris District.
... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in his Rc.No.A2/1207/2024 dated 12.07.2024 and quash the same and consequently direct the respondent to treat the period of suspension as duty period with all monetary and other attendant benefits. For Petitioner : Ms.C.S.Sasirekha For Respondent : Mr.R.U.Dinesh Raj Kumar, Additional Government Pleader ***** 1/5
O R D E R
This Writ Petition has been filed challenging the order dated 12.07.2024 passed by the respondent.
2. The learned counsel for the petitioner would submit that the petitioner has been under prolonged suspension since July 2024. It is their further submission that she is an innocent, and even the Vigilance and AntiCorruption Department is not in a position to lay a charge sheet against the petitioner, as the petitioner did not have the power to issue a Patta. He would further invite the attention of this Court to the fact that she had sent a representation dated 03.02.2025 for revocation of her suspension, and such representation is pending with the respondent. It is the further submission of the learned counsel for the petitioner that, in respect of reviewing suspension, G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022, was issued by the Government, that too after taking into consideration the judgements of the Hon'ble Supreme Court of India and the Full Bench decision of this Court, whereas the petitioner's request has not been considered for a period of more than six months. 2/5
3. The learned Additional Government Pleader would strongly object to the contention raised by the learned counsel for the petitioner and submit that the petitioner was charged under the Prevention of Corruption Act and she is facing criminal proceedings. He would further submit that there is no public interest involved in revoking the suspension and that any order for revocation of suspension in the cadre of Tahsildar, while the criminal proceeding is pending would set a wrong precedent. Hence, he prayed to dismiss the instant writ petition.
4. I have given my anxious consideration to the submissions made on either side.
5. Though the learned Additional Government Pleader would strongly object to the revocation of her suspension, he would fairly submit that the respondent would consider the petitioner's representation within a reasonable time.
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6. In such view of the submission, without going into the merits of this Writ Petition, this Court deems it appropriate to direct the respondent to consider the petitioner's representation dated 03.02.2025, taking into consideration G.O.(Ms) No.81, Human Resources Management (N) Department, dated 04.08.2022, and pass orders on its own merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
7. In the result, this Writ Petition is disposed of with the above directions. Consequently, the connected Miscellaneous Petitions are closed. No costs.
01.07.2025 kv Index : Yes/No Speaking order /Non Speaking Order To The District Collector, Collectorate Office, The Nilgiris, Nilgiris District.
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C.KUMARAPPAN, J.
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