Mr.R.Elumalai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2022
CORAM
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No. 25391 of 2021 and WMP.No.26815 of 2021 R.Elumalai .. Petitioner Vs
1. The District Collector, Chengalpattu District, Chengalpattu.
2. The Special Officer/ Block Development Officer, Thiruporur Panchayat Union, Thiruporur, Chengalpattu District.
3. The President Muttukadu Village Panchayat, Thiruporur Panchayat Union, Chengalpattu District.
..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the impugned order of suspension dated 02.10.2021 on the file of the 1st respondent herein under R.C.No. 4109/2021/PB2 and to quash the same as illegal. For Petitioner : Mr. Niranjan S.Kumar For Respondents : Mr. A.M. Ayyadurai, GA 1 and 2
O R D E R
The relief sought for in the writ petition is to call for the impugned order of suspension dated 02.10.2021 on the file of the 1st respondent herein under R.C.No. 4109/2021/PB2 and to quash the same.
2. The learned counsel for the petitioner has submitted that the petitioner was appointed as Village Assistant in the 3rd
respondent Panchayat in the year 2000 and subsequently promoted as Panchayat Secretary and continue working in the 3rd respondent Panchayat. Based on the complaint lodged by one D.Kumar before the Vigilance and Anti corruption Department against the petitioner, the 1st respondent has passed the impugned order of suspension, without giving any opportunity to the petitioner. The petitioner has submitted representation dated 18.10.2021 to the 1st respondent and same is pending, hence the present writ petition.
3. The learned counsel appearing for the petitioner submitted that though a larger relief is sought for in the writ petition since, the petitioner's representation dated 18.10.2021 is pending before the 1st respondent, it would suffice, if this Court issues direction to the 1st respondent/District Collector to consider his representation and pass appropriate orders.
4. The learned Government Advocate has submitted that the petitioner's representation will be considered by the 1st respondent and appropriate orders will be passed in accordance with law.
5. Considering the submissions made by either side and the limited request made by the learned counsel appearing for the writ petitioner, this Court directs the 1st respondent/District Collector, Chengalpattu to consider the petitioner's representation dated 18.10.2021 and pass orders on its own merits, in accordance with law, after giving opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above directions, the writ petition stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ak To
1. The District Collector, Chengalpattu District, Chengalpattu.
2. The Special Officer/ Block Development Officer, Thiruporur Panchayat Union, Thiruporur, Chengalpattu District.
3. The President Muttukadu Village Panchayat, Thiruporur Panchayat Union, Chengalpattu District.
+1cc to Mr.Niranjan S.Kumar, Advocate, S.R.No.10707 +1cc to the Government Pleader, S.R.No.11077 W.P.No.25391 of 2021 and WMP.No.26815 of 2021 GPL(CO) SU(09/03/2022)