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Madras High CourtWP/29029/2016disposed of

V.Sureshkumar v. The District Collector

2023-10-19Honourable Dr Justice D.Nagarjun6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.No.25124 of 2016 V.Sureshkumar ... Petitioner Vs 1.The District Collector, The District Collectorate Office, Coimbatore-641 018.

2.The Revenue Divisional Officer, Coimbatore Division, Coimbatore-641 018.

... Respondents Prayer:

Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari, calling for the entire records relating to the impugned orders of suspension of service of the petitioner passed by the second respondent in his proceedings Ref.No.1909/2016/B1 dated 11.03.2016 and quash the same. For Petitioner :

Mr.S.Ilamvaludhi For Respondents :

Mr.A.M.Ayyadurai Government Advocate 1/6

O R D E R

This Writ Petition is filed by the petitioner challenging the suspension order passed by the second respondent on 11.03.2016.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the first and second respondents and perused the records.

3. Admittedly on 10.03.2016, a case in Crime No.2 of 2016 was registered by the Inspector of Police, Vigilance and Anti Corruption, Coimbatore, under Section 7 of the Prevention Corruption Act, 1988. In connection with the registration of the said case, petitioner was arrested and remanded to judicial custody on 10.03.2016. Subsequently, the petitioner filed Cr.M.P.No.48 of 2016 under Section 437 of Cr.P.C., and same was allowed on 21.03.2016 by the learned Special Judge for Prevention of Corruption Act, and petitioner was released on bail.

4. In view of the arrest and remand of the petitioner to the judicial 2/6

custody, the order of suspension came to be passed by the second respondent as contemplated under Rule 17 (e) of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules.

5. It is submitted by the learned counsel for the petitioner that the petitioner is under prolonged suspension, no charge memo was issued by the second respondent even after lapse of seven years. It is further submitted that the petitioner has though represented the respondent to review his suspension in accordance with guidelines issued by the Government of Tamil Nadu in Letter No.13519/N/2015-1 dated 23.07.2015 following the rulings and the judgment of Supreme Court of India in their order dated 16.02.2015 made in S.L.P.(C).No.31761/2013 reported in 2015 (3) CTC119, no action has been taken.

6. The learned counsel for the petitioner has placed before this Court the orders passed by this Court on 04.09.2023 in W.P.No.25767 of 2023, and on 03.10.2023 passed in W.P.No.28537 of 2023. In both these orders, this Court, while refusing to interfere with the orders of suspension, directed the disciplinary authority to consider reviewing the order of 3/6

suspension within a time frame.

7. In the case on hand the petitioner who was involved in crime No.2 of 2016 was arrested and remanded to Judicial custody on 10.03.2016. When the petitioner was arrested and remanded to judicial custody in connection with the Criminal Case registered against him, he is deemed to be under suspension as per Rule 17(e) of the Tamil Nadu Civil Supplies (Discipline and Appeal) Rules. Hence, the order of suspension cannot be interfered with by this Court.

8. Therefore, taking note of the fact that the order of suspension passed on 11.03.2016 has not been reviewed so far by the respondent this Court hereby directs the second respondent to review the order of suspension passed against the petitioner on 11.03.2016 and pass appropriate orders thereof on merits, in accordance with the guidelines issued by the Government of Tamil Nadu in Letter No.13519/N/2015-1 dated 23.07.2015 as quickly as possible not later than eight weeks from the date of receipt of copy of this order.

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9. Accordingly, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 19.10.2023 Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes jai To 1.The District Collector, The District Collectorate Office, Coimbatore-641 018.

2.The Revenue Divisional Officer, Coimbatore Division, Coimbatore-641 018.

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Dr.D.NAGARJUN, J.

jai 19.10.2023 6/6