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Madras High CourtWP/15594/2018disposed of

Murthy, v. The Inspector Of Panchayat /

2023-09-05Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.15594 of 2018 and W.M.P.Nos.18504, 18505, 27331 & 31376 of 2018 Murthy .. Petitioner Vs.

1.The Inspector of Panchayat / District Collector Salem District, Salem.

2.The Personal Assistant to the Collector (Development), Salem District, Salem.

3.The Block Development Officer, Village Panchayat, Mecheri Panchayat Union, Mettur Taluk, Salem District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent dated 10.08.2017 and signed on 07.08.2017 in his proceedings Na.Ka.No.21231/2017/T3 and to quash the same and consequently directing the 1st respondent to reinstate the

petitioner in service will all monetary benefits in the original place in Vellar Village Panchayat, Mecheri Panchayat Union, Mettur Taluk, Salem District. For Petitioner .. Mr. Jothimanian, For Mr. C. Prabakaran For Respondents .. Mr. S. Ravikumar

ORDER

This Writ Petition has been filed in the nature of Certiorarified Mandamus, seeking interference with the order of the 4th respondent dated 10.08.2017 / signed on 07.08.2017 in Na.Ka.No.21231/2017/T3 and direct the 1st respondent to reinstate the petitioner in service with all monetary benefits in the original place in Vellar Village Panchayat, Mecheri Panchayat Union, Mettur Taluk, Salem District.

2.Owing to various acts of commission and omission by the petitioner, Crime No.14 of 2017 had been registered on 12.08.2017 by the Inspector of Police, District Crime Branch, Salem. The petitioner had filed a quash petition in Crl.O.P.No.2651 of 2018 and an order of interim stay had been granted on 28.02.2018. By the impugned order, the petitioner had been placed under suspension.

3.Let me not enter into a detailed discussion on the fact of the case. On instructions, it had been stated by the the learned Special Government Pleader that subsistence allowance had been released to the petitioner. The 1st respondent may examine the possibility of transferring the petitioner to a far away place / unsensitive post. It is only an observation made by this Court and it is purely for the 1st respondent to take a decision on this particular aspect. Any decision taken by the 1st respondent should be taken within a period of sixteen weeks from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 05.09.2023 Index:Yes/No smv To 1.The Inspector of Panchayat / District Collector Salem District, Salem.

2.The Personal Assistant to the Collector (Development), Salem District, Salem.

C.V.KARTHIKEYAN,J.

smv 3.The Block Development Officer, Village Panchayat, Mecheri Panchayat Union, Mettur Taluk, Salem District.

W.P.No.15594 of 2018 05.09.2023