Mr. R.Sankar v. The Inspector Of General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.24565 and 24566 of 2023 R.Sankar ... Petitioner -Vs1.The Inspector of General of Registration, No 100, Foreshore Estate, Santhome, Chennai-600 028.

2.The Deputy Inspector General of Registration, Director Registration Department Training Institute, Registration Campus, No.182, Bharathi Road, Royapettai, Chennai-600 014.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling of the records of the first respondent's impugned proceedings in ROC.No.37859/V3/2020-3 dated 15.12.2020 and quash the same as illegal and consequently direct the respondents to reinstate the petitioner in service.

For Petitioner : Mr.B.Nedunchezhiyan For Respondents : Mr.P.Baladhandayutham Special Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the first respondent on 15.12.2020, thereby, suspending the petitioner from his service.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. The petitioner was appointed as a Junior Assistant in the office of the District Registrar Office, Thirupur. When the petitioner was working as an Assistant in the Office of the Joint Sub Registrar-I, Thirupur from 01.08.2018, he was suspended from his service by an order dated 15.12.2020. Based on the report of the Deputy Inspector General of Registration, Coimbatore, preliminary enquiry was conducted in the alleged malpractice and found misappropriation. The petitioner was served with a charge memo on 22.02.2021 and an enquiry officer

has been appointed to conduct enquiry. Due to the Covid-19 pandemic circumstances, the enquiry could not be completed.

4. Therefore, it cannot be said that the order of suspension is a prolonged one. Therefore, this court finds no infirmity and illegality in the impugned proceedings in ROC.No.37859/V3/2020-3 dated 15.12.2020 passed by the first respondent and the writ petition is devoid of merits and is liable to be dismissed. However, the first respondent is directed to complete the enquiry and pass final order on the charge memo, within a period of three months from the date of receipt of a copy of this order.

5.

Accordingly, this Writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

25.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To 1.The Inspector of General of Registration, No 100, Foreshore Estate, Santhome, Chennai-600 028.

2.The Deputy Inspector General of Registration, Director Registration Department Training Institute, Registration Campus, No.182,Bharathi Road, Royapettai, Chennai-600 014.

25.08.2023