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Madras High CourtWP/18668/2014disposed of

K.Kanagavel, S/O.Krishnan v. The Block Development Officer

2022-02-16Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2022

CORAM

THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.No.18668 of 2014 and M.P.No.1 of 2014 K.Kanagavel ... Petitioner Vs 1.The Block Development Officer, Panruti Panchayat Union Office, Panruti, Cuddalore District.

2.The District Collector, Cuddalore District, Cuddalore.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, to call for the records made in Na.Ka.No.A5/1626/2014 dated 27.06.2014, passed by the first respondent and quash the same.

For Petitioner : Mr.P.Manoj Kumar for Mr.K.Srinivasan For Respondents : Mr.L.S.M.Hasan Fizal, AGP

O R D E R

This writ petition has been filed to issue a writ of Certiorari, to call for the records made in Na.Ka.No.A5/1626/2014 dated 27.06.2014, passed by the first respondent and quash the same.

2. The petitioner was working as a Primary School Mid-day Meals Scheme Organizer. According to him, he was implicated in a false criminal case in Crime No.114 of 2014 and was also arrested and remanded to judicial custody. He was released thereafter on bail. In the above circumstances, the petitioner was placed under suspension on 27.06.2014. Ever since, he has been under suspension as on date. The suspension order was challenged on certain grounds.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that subsequent to filing of this writ petition, the criminal case registered against the petitioner ended in acquittal vide Criminal Court judgment dated 16.03.2020.

4. The fact of acquittal of the petitioner by the Criminal Court has also been acknowledged by the learned Additional Government Pleader for the respondents.

5. In view of the above development, a request is made by the learned counsel for the petitioner that the authorities concerned may be directed to conduct review on the suspension of the petitioner and pass final orders by taking note of the positive development as above.

6. The learned Additional Government Pleader appearing for the respondents submitted that the first respondent may be directed to take a final call in the matter within the time to be stipulated by this Court.

7. In view of the above factual narrative, this writ petition stands disposed of with a direction to the first respondent to take note of the acquittal of the petitioner in the criminal case vide judgment dated 16.03.2020 and review the prolonged suspension of the petitioner since 27.06.2014.

8. The first respondent is directed to pass orders in this regard within a period of two weeks from the date of receipt of a copy of this order. The first respondent shall peremptorily take into consideration the prolonged suspension of the petitioner without a review and also the ultimate acquittal in the criminal case, while passing the order in the matter. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gsk To 1.The Block Development Officer, Panruti Panchayat Union Office, Panruti, Cuddalore District.

2.The District Collector, Cuddalore District, Cuddalore.

+1cc to Mr.P.Manoj, Advocate SR.No.10023 +1cc to the Government Pleader SR.No.10745 W.P.No.18668 of 2014 and M.P.No.1 of 2014 GPL(CO) GN(23/03/2022)