S.Sudharsan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR. JUSTICE C. KUMARAPPAN Writ Petition No.20131 of 2025 and Writ Miscellaneous Petition Nos.22704 & 22705 of 2025 S.Sudharsan ... Petitioner ..Vs..

1.The Commissioner, HR & CE Department, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, HR & CE Department, A.K.T.Street, Little Kancheepuram - 631 501.

3.The Assistant Commissioner/Executive Trustee, Sri Devarajaswamy Temple, Kancheepuram - 631 501.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, to call for the records pertaining to the impugned order bearing Se.Mu.Na.Ka.No.72/1434, dated 10.05.2025, passed by the 3rd respondent and quash the same as arbitrary, illegal and unconstitutional.

For Petitioner :

Mr.Abhinav Parthasarathy 1/5

For Respondents : Mr.K.Karthikeyan, Government Advocate (HR & CE) for RR1 & 2 M/s.Ba.Nalini For Mr.K.V.Baby for R3

ORDER

The present writ petition has been filed with a prayer to quash the impugned order bearing Se.Mu.Na.Ka.No.72/1434, dated 10.05.2025 passed by the 3rd respondent.

2. The learned counsel appearing on behalf of the petitioner would submit that the impugned Suspension Order has been imposed as a punishment which is in contravention to the Section 56 (1) of the Hindu Religious & Charitable Endowment Act, 1959.

3. However, the learned Counsels appearing on behalf of the respondents would submit that though the Suspension Order do not reflect that the same was issued in contemplation of an enquiry, on account of certain dereliction of duty on the part of the petitioner, the employee suspension order was issued.

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4. I have given my anxious consideration on either side submission.

5. In such view of the clarification given by the learned counsel for the respondents, this Court do not find any merits in the writ petition.

6. Recording the said submission made by the learned counsel for the 3rd respondent, the writ petition is closed. However, this Court direct the respondents to conclude the enquiry proceedings within a period of two (2) months from the date of receipt of a copy of this order. It is the further direction that the respondents are directed to consider the representation of the petitioner if any received for revocation of suspension order as expeditiously as possible. No costs. Consequently, the connected miscellaneous petitions are also stand closed.

23.06.2024 ssi Index : Yes Speaking Order : Yes /No 3/5

To:

1.The Commissioner, HR & CE Department, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, HR & CE Department, A.K.T.Street, Little Kancheepuram - 631 501.

3.The Assistant Commissioner/Executive Trustee, Sri Devarajaswamy Temple, Kancheepuram - 631 501.

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C.KUMARAPPAN, J.

ssi W.P.No.20131 of 2025 23.06.2025 5/5