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Madras High CourtWP/11083/2024allowed

P.Amalaraj v. The Sub Collector

2026-02-26Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.No.12161 of 2024 P.Amalaraj ..Petitioner(s) Vs 1.The Sub Collector, Tindivanam Revenue Division, Tindivanam, Villupuram District.

2.The Inspector of Police, CBCID, HQRS, ATC, Chennai.

[R-2 Suo motu impleaded as per order dated 22.04.2024 in W.P.No.11083 of 2024 by DBCJ] ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to calling for the records of the file of the respondent in the proceedings made in Muu.Mu. (A1)/1043/2020 dated 19.01.2024, quash the same and direct the respondent to reinstate the petitioner in service with all consequential service and monetary benefits within a short date as may be fixed by this Court.

For Petitioner(s):

M/s.B.Ramesh Babu For Respondent(s):

Mr.R.U.Dinesh Raj Kumar, Addl.Government Pleader

ORDER

This Writ Petition has been filed challenging the order dated 19.01.2024, passed by the 1st respondent, in and by which, the petitioner's request for reinstatement into service was rejected praying for a consequential direction to the 2nd respondent to revoke the suspension order dated 25.02.2020.

2. Learned counsel appearing for the petitioner submitted that the petitioner was selected and appointed as Village Administrative Officer at Attiyur Village, Gingee Taluk, Villupuram District on 17.02.2017 upon having successfully participated in the examination conducted by Tamil Nadu Public Service Commission. Subsequently, on the basis of the complaint lodged by the TNPSC, a criminal case was registered by CBCID-HQRS, ATC-Chennai against some persons in FIR No.2/2022 under Section 462, 468, 472 and 120B of IPC alleging that the petitioner was involved in malpractices in the written examination conducted in respect of the Post of Village Administrative Officer leading to the arrest of the petitioner. Consequently, the petitioner was placed under suspension. In the meantime, the Tamil Nadu Public Service Commission

had cancelled the recruitment which was challenged by the similarly placed persons in a batch of writ petitions which were allowed by this Court holding that the order passed by the respondent is not in accordance with the service rules and in violation of the principles of natural justice and subsequently, directed the respondents to reinstate the petitioner into service and also to initiate the disciplinary proceedings and conclude the same in the manner known to law.

3. When the matter is taken up, learned counsel appearing for the petitioner submitted that the issue involved in the instant Writ Petition is no longer res integra and squarely covered by the order passed by this Court in in W.P.No.2889 of 2025 etc., batch dated 05.02.2026 and therefore, the very same benefit may be extended to the petitioner herein as well. Accordingly prayed for allowing the Writ Petition.

4. Per Contra, learned Additional Government Pleader appearing for the respondents submitted that the petitioner obtained an appointment order by manipulating the examination thereby, a criminal case was registered by the CBI and a charge sheet was filed against the petitioner and consequently, he was placed under suspension and till date, the same has not been revoked. Accordingly, he prayed for dismissal of this writ petition.

5. Heard, the learned counsel appearing on either side and perused the materials available on record.

6. Admittedly, the petitioner was recruited as Village Administrative Officer pursuant to the examination conducted by the TNPSC and subsequently, he was placed under suspension on the ground that, he had manipulated the examination, pursuant to which, a criminal case was registered and a charge sheet was also filed as against the petitioner.

7. It is evident from the order dated 05.02.2026 in W.P.No.2889 of 2025 etc., batch that the issue raised herein is squarely covered by the aforesaid decision in which, this Court passed the following order:- "48. For the reasons aforesaid, all the writ petitions are allowed with the following directions :- i) The respective impugned orders passed by the Commission cancelling the provisional selection and allotment and invalidating the OMR answer sheet of the petitioners are set aside;

ii) The impugned orders passed by the respective appointing authorities removing the respective petitioners from service are also set aside holding that the said orders are passed without following the service rules and in violation of principles of natural justice;

iii) The respective appointing authorities are directed to reinstate the petitioners in service forthwith and upon such reinstatement, if so advised, the respective appointing authorities are at liberty to initiate disciplinary action against the respective petitioners for the delinquency, alleged to have been committed by the petitioners and proceed against the respective petitioners in accordance with the relevant service rules governing the petitioners;

iv) If disciplinary proceedings have already been initiated against any of the petitioners, then the appointing authorities shall take steps to conclude the disciplinary proceedings initiated as expeditiously as possible in accordance with the relevant service rules governing the said petitioners;

v) The Commission is at liberty to proceed against the petitioners subject to the outcome of the criminal trial; vi) Upon cognizance being taken of the charge sheet by the concerned Court, the trial court is directed to proceed with the said trial and complete the same as expeditiously as possible and the petitioners herein are directed to cooperate with the trial court for completion of the trial as expeditiously as possible;

vii) The CBI is directed to place a copy of this order before the concerned trial court before which the charge sheet is pending cognizance so as to enable the concerned Court to proceed forthwith with the matter in accordance with law;

viii) Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs."

M.DHANDAPANI, J.

NHS

8. Following the said decision, this Writ Petition is allowed in terms of the order passed by this Court in W.P.No.2889 of 2025 etc., batch dated 05.02.2026, supra. Accordingly, the impugned order dated 19.01.2024 and the suspension order dated 25.02.2020 are hereby quashed. The appointing authorities are directed to reinstate the petitioner in service forthwith and upon such reinstatement, the appointing authorities are at liberty to initiate disciplinary action and proceed against the petitioner in accordance with the relevant service rules governing the petitioner with respect to the delinquency, alleged to have been committed by him. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

26-02-2026 Index: Yes/No Speaking/Non-speaking order NHS To 1.The Sub Collector, Tindivanam Revenue Division, Tindivanam, Villupuram District.

2.The Inspector of Police, CBCID, HQRS, ATC, Chennai.

and W.M.P.No.12161 of 2024