A.Mujibur Rahman v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Mujibur Rahman ... Petitioner Vs 1.The Tahsildar, Panruti Taluk, Cuddalore District 2.The Inspector of Police, Vigilance and Anti Corruption, Cuddalore (2nd respondent suo motu impleaded as per order dated 12.04.2024 in WP.No.9819 of 2024) .....

Respondents Prayer :

Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the representation dated 23.01.2023 and review the order of suspension passed in Na.Ka.No.A3/2560/2022 dated 07.07.2022 to reinstate the petitioner into service as Village Assistant with all service and monetary benefits in the light of the decision of the Hon'ble Supreme Court in Ajay Kumar Choudhary Vs. Union of India 2015(7) SCC 291 within a time limit that may be specified by this Court and also based on 1/5

the GO.Ms.no.81 Human Resources Management (M) Department dated 04.08.2022.

For Petitioner : Mr.M.Elumalai For Respondents : Mr.S.Arumugam, Government Advocate

ORDER

This writ petition is filed for direction to the first respondent to consider the representation submitted by the petitioner dated 23.01.2023 seeking to revoke the order of suspension dated 07.07.2022. 2.

The petitioner was appointed as Village Assistant on 09.03.2022. While being so, on the complaint lodged by one, Ravi, the Inspector of Police, Vigilance and Anti Corruption Department, Cuddalore registered FIR alleging that the petitioner demanded a sum of Rs.3,000/- as illegal gratification for issuance of legalheirship certificate for the demise of the complainant's sister's husband. In pursuant to the registration of FIR, the petitioner was arrested and remanded to judicial custody. Therefore, the first respondent suspended the petitioner by order dated 07.07.2022. Now the investigation is not yet completed in crime No.4 of 2022 and the petitioner was also not served with any charge 2/5

memo so far.

3.

In view of the above, the first respondent is directed to consider the representation submitted by the petitioner seeking revocation of suspension order dated 07.07.2022 in the light of GO.Ms.No.81 Human Resources Management (M) Department dated 04.08.2022 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of copy of this order. 4.

With the above direction, this writ petition is disposed of. There shall be no order as to costs.

02.08.2024 Index: Yes/No Speaking/Non-speaking order lok Note: Issue order copy on or before 18.11.2024 3/5

G.K.ILANTHIRAIYAN, J.

lok To 1.The Tahsildar, Panruti Taluk, Cuddalore District 2.The Inspector of Police, Vigilance and Anti Corruption, Cuddalore 4/5

02.08.2024 5/5