A.Mohan v. The Director Cum Mission Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and WMP.No.34794 of 2025 A.Mohan ... Petitioner Vs.
1.The Director Cum Mission Director Child Development Services, Taramani, Chennai- 113. 2.The Chief Accounts Officer Directorate Of Icds, Taramani, Chennai- 113.
3.The District Project Officer Child Development Project Office, Aathur Block, Salem District.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in Roc. NO.6067/E1- 1/ 2024 dated 20.12.2024 and quash 1/5
the same and consequently direct the 1st respondent to reinstate the petitioner into service with all continuation, service benefits and monetary benefits to the petitioner from 20.12.2024 till the date of reinstatement.
For Petitioner : M/s.N.Padmaboopathi For Respondents : M/s.V.Jeevagiridharan, AGP for R.1 to R.3.
O R D E R
The above Writ Petition is filed for the following reliefs:- "to call for the records pertaining to the impugned order passed by the 1st respondent in Roc. NO.6067/E1- 1/ 2024 dated 20.12.2024 and quash the same and consequently direct the 1st respondent to reinstate the petitioner into service with all continuation, service benefits and monetary benefits to the petitioner from 20.12.2024 till the date of reinstatement."
2. The petitioner who was appointed as a Junior Assistant on 21.11.2022 on compassionate grounds at the 3rd respondent office was placed under suspension vide impugned order dated 22.12.2024 2/5
invoking Rule 17(e) of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules, 1973. This suspension was based on a special audit report dated 15.10.2024, which alleged misappropriation of funds to the tune of Rs.26,00,435/- . The petitioner would submit that he is responsible only for a sum of Rs.18,99,403/- which amount he has already repaid voluntarily and in a good faith to the concerned treasury. However, he has been placed under suspension. The petitioner would submit that before placing him under suspension, neither a preliminary enquiry was conducted nor was he given an opportunity to explain his case. Therefore, the petitioner has come forward with the Writ Petition.
3. The learned Additional Government Pleader appearing for the respondents would submit that the petitioner has not even made a representation to the authorities and had straightaway approached this Court.
4. Heard the learned counsel on either side.
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5. In view of the above representation of the learned Additional Government Pleader, the Writ Petition is disposed of with a direction to the petitioner to submit a fresh representation to the 1st respondent, who had passed the suspension order, within a period of 2 weeks from the date of receipt of a copy of this order and within a period of 3 months therefrom the authority shall pass orders on the representation in accordance with law. No costs. Consequently, the connected Miscellaneous Petition is closed.
19.08.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Director Cum Mission Director Child Development Services, Taramani, Chennai- 113. 2.The Chief Accounts Officer Directorate Of Icds, Taramani, Chennai- 113.
3.The District Project Officer Child Development Project Office, Aathur Block, Salem District.
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P.T. ASHA . J., (shr) and WMP.No.34794 of 2025 19.08.2025 5/5