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Madras High CourtWP/18982/2021disposed of

N.Veerakumar v. The District Collector

2021-09-09Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.18982 OF 2021 AND W.M.P.NO.20242 OF 2021 (THROUGH VIDEO CONFERENCING) N.Veerakumar ... Petitioner Vs 1.The District Collector, 2.The Sub-Collector, 3.The Revenue Division Officer, Vedaraniyam, Nagapattinam District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 15.10.2020 and 08.07.2021 in terms of batch of writ petitions order passed by the Hon'ble High Court Madras in W.P.Nos.2436, 2471, 2570, 2572 and 2799 of 2011 and 29195 of 2010 and 5206 of 2011 dated 02.07.2012 to post the petitioner in a faraway place from the station of occurrence and post them in a non-sensitive post and dispose the representation.

For Petitioner : Mr.K.Sellathurai For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

The petitioner was placed under suspension on 15.09.2019 for legitimately demanding bribe while discharging his service as a Village Administrative Officer pursuant to a complaint

registered against him in FIR dated 13.09.2019 in Crime No.3 of 2019.

2. As on date, a charge sheet has also been filed against the petitioner in aforesaid Crime No.3 of 2019 and the case was pending before the Nagapattinam Special Court which is yet to be numbered. Be that as it may, the facts remains that the petitioner has been placed under suspension from 15.09.2019 and almost two years have lapsed. Since the petitioner was placed under suspension with effect from 13.09.2019, the petitioner receiving the subsistence allowances. It is a loss to the revenue as without extracting work, the petitioner is being paid salary.

3. Considering the fact that no charge memo has been issued, the respondents are directed to pass appropriate orders by allowing the petitioner to report duty in any other nonsensitive post where there is no scope for the petitioner to tamper with the evidence in Crime No.3 of 2019 in respect of which charge sheet has been filed on 20.11.2020. The respondents may also ensure that the petitioner is placed in a position where he may not be get an opportunity to indulge in the alleged corruption.

4. The respondents are directed to ask the petitioner to report duty in any non-sensitive post away from the present place of employment i.e., any other district in the State of Tamil Nadu by 20th of October 2021.

5. This Writ Petition stands disposed of with the above observations.

No costs.

Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar arb To 1.The District Collector,

2.The Sub-Collector, 3.The Revenue Division Officer, Vedaraniyam, Nagapattinam District.

+2ccs to M/S.K.Sellathurai, Advocate, S.R.No.45697 +1cc to the Government Pleader, S.R.No.46175 W.P.No.18982 of 2021 and W.M.P.No.20242 of 2021 LN(CO) PM/20/09/2021