L.Baby v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28512 of 2019 and W.M.P.Nos.28234, 28235 & 28237 of 2019 L.Baby .. Petitioner Vs.

1.The Secretary, Panchayat and Local Administration, Fort St. George, Chennai - 600 009.

2.The Commissioner, Ranipettai Municipality, Ranipettai, Vellore District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the proceedings Na.Ka.No.2961/2017 H1, dated 26.07.2018 and quash the same.

For Petitioner : Mr.V.Manisekaran For R1 : Mrs.A.Sri Jayanthy Additional Government Pleader For R2 : Mr.V.Jayaprakash Narayanan Standing Counsel

O R D E R

The present Writ Petition is filed to call for the records of the proceedings of the second respondent bearing Na.Ka.No.2961/ 2017/ H1, dated 26.07.2018 and quash the same. 2.The learned counsel for the petitioner would submit that the petitioner was appointed as Sweeper at Ranipet Municipality on 14.08.2007. Thereafter, the second respondent had passed a suspension order on 13.11.2017, suspending her from service based on the allegation that an F.I.R. was registered against https://hcservices.ecourts.gov.in/hcservices/

her on 13.11.2017 in Crime No.492/2017 under Sections 294(b), 406, 420 and 506(1) of IPC and hence, she was placed under suspension. Though she was suspended in the year 2017, however, till date the suspension order was not revoked, for which, the petitioner has come out with the present Writ Petition and prayed for appropriate orders.

3.The learned counsel for the respondents would submit that the petitioner conducted an unregistered chit and collected huge money from the general public, for which the general public affected and she cheated the general public by collecting huge money without obtaining any approval from the Competent Authority. For which the police registered an F.I.R. against her in F.I.R. No.492/2017 under Sections 294(b), 406, 420 and 506(1) of IPC. Hence, the suspension order issued against the petitioner is valid and prayed for dismissal of the Writ Petition.

4.Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, this Court permits the petitioner to make a representation for revocation of suspension order and for payment of subsistence allowance, for which, the respondents may pass appropriate orders on merits.

5.In the result, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Insp cell) //True Copy// Sub Assistant Registrar krk To 1.The Secretary, Panchayat and Local Administration, Fort St. George, Chennai - 600 009.

2.The Commissioner, Ranipettai Municipality, Ranipettai, Vellore District.

+1cc to the Government Pleader SR.83980 +1cc to Mr.V.manisekaran, Advocate SR.83452(02/12/19) W.P.No.28512 of 2019 PPA(CO) CB(29/11/2019) https://hcservices.ecourts.gov.in/hcservices/