A.Chinnasamy v. The Commissioner Of Rural Development And Panchayat Raj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE AND C.M.P.No.23415 of 2024 A.Chinnasamy .. Appellant Vs.
1.The Commissioner of Rural Development and Panchayat Raj Saidapet, Chennai 600 015 2.The District Collector Salem Collectorate Salem 636 001 3.The Additional Collector/Project Director District Rural Development Agency O/o.The District Collector Salem 636 001 4.The Personal Assistant (Development) O/o.Salem Collector Salem 636 001 5.The Block Development Officer (Village Panchayats) Thalaivasal Panchayat Union Thalaivasal 636 112 .. Respondents 1/4
Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 16.07.2024 passed by the learned Single Judge in W.P.No.18955 of 2024. For Appellant : Mr.C.Prabakaran For Respondents : Mrs.V.Yamuna Devi Special Government Pleader
J U D G M E N T
(Delivered by S.S.SUNDAR, J.) This appeal is directed against the order dated 16.07.2024 passed by the learned Single Judge in W.P.No.18955 of 2024, dismissing the writ petition filed for issuance of a writ of certiorarified mandamus to quash the order dated 20.09.2022 passed by the 4th respondent and for a direction to the respondents to reinstate the writ petitioner with all service and monetary benefits.
2. The writ petitioner is the appellant, who was working as Panchayat Secretary in Deviyakurichi Panchayat was temporarily suspended from service, as he was caught red-handed while receiving bribe. When he submitted a representation for revocation of suspension, it was rejected vide order which is impugned in the writ petition in W.P.No.18955 of 2024.
3. Having regard to the circumstances, the learned Single Judge, 2/4
referring to the relevant clauses in G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022, held that the writ petitioner cannot be shown any indulgence as he is charged for committing a grave misconduct and dismissed the said writ petition.
4. This Court finds no merit in this writ appeal as against the order which has been passed by the learned Single Judge based on settled principles. In case, the suspension of the writ petitioner is prolonged, due to pendency of the disciplinary proceedings for no fault of him, his representation for enhancement of subsistence allowance may be considered. Finding no merits, this writ appeal stands dismissed. No costs. Connected C.M.P. is closed.
[S.S.S.R.,J.] [A.D.M.C., J.] 22.10.2024 Index : Yes/No gya 3/4
S.S.SUNDAR, J.
AND A.D.MARIA CLETE, J.
gya To 1.The Commissioner of Rural Development and Panchayat Raj Saidapet, Chennai 600 015 2.The District Collector Salem Collectorate Salem 636 001 3.The Additional Collector/Project Director District Rural Development Agency O/o.The District Collector Salem 636 001 4.The Personal Assistant (Development) O/o.Salem Collector Salem 636 001 5.The Block Development Officer (Village Panchayats) Thalaivasal Panchayat Union Thalaivasal 636 112 22.10.2024 4/4