R.Arumugam, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2023
CORAM
THE HON'BLE Mr. JUSTICE C. V. KARTHIKEYAN W.P.No.14707 of 2017 and W.M.P.No.15939 of 2017 R. Arumugam Panchayat Secretary, Thiruvadisoolam Panchayat, Kattankolathur Panchayat Union, Chengalpattu Taluk, Kancheepuram District.
.. Petitioner Vs.
1.The District Collector, Kancheepuram District Collectorate Campus, Kancheepuram.
2.The Additional Director of Panchayat / Audits, Kancheepuram.
3.The Block Development Officer, Kattankolathur Panchayat Union, Kattankolathur, Chengalpattu Taluk.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the proceedings in Na.Ka.No.2631/2013/PAa2 dated 31.01.2013 passed by the
1st respondent and to quash the same and consequently, direct the 1st respondent to disburse all the monetary benefits such as backwages to the petitioner.
For Petitioner .. Mr. K. Alayappan For R1 & R2 .. Mr. S. Ravikumar, SGP For R3 .. Mr. R. S. Selvam
ORDER
The Writ Petition has been filed in the nature of Certiorari questioning an order dated 31.01.2013 in Na.Ka.No.2631/2013/PAa2 passed by the 1st respondent / the District Collector, Kancheepuram.
2. By that order, the petitioner was placed under suspension. When the writ petition had come up for admission, by an observation dated 13.06.2017, a learned Single Judge had wondered as to how the respondents have not come forward to revoke or re-consider the order of suspension taking into consideration, the petitioner had been kept in prolonged suspension from 31.01.2013.
3. Thereafter, a counter affidavit had been filed and the learned Special Government Pleader pointed out the relevant portion, wherein, it had been stated that the order of the High Court rendered above had been
complied with and the suspension of the petitioner had been revoked and the petitioner had been reposted as Panchayat Secretary on 01.09.2017 at Kalvoy Panchayat. It is also stated that there is a criminal case, for which an FIR in Crime No.43 of 2014 had been registered under Sections 409, 477-A and 420 of IPC, by the District Crime Branch, Kancheepuram, which is also pending trial. The petitioner is still in service.
4. The petitioner may concentrate on the criminal case, which is now pending and wherein, trial is ongoing. No further orders are required, since the suspension order is revoked by the respondents. Accordingly, this Writ Petition stands dismissed. Consequently, connected Writ Miscellaneous Petition is closed.
5. Let the criminal case proceed in manner known to law and the order of suspension or the order of revocation of suspension or this order passed by this Court will not be a bar at all whatsoever on the criminal case. 26.07.2023 Index:Yes/No Internet:Yes/No Speaking order: Yes/No smv
To 1.The District Collector, Kancheepuram District Collectorate Campus, Kancheepuram.
2.The Additional Director of Panchayat / Audits, Kancheepuram.
3.The Block Development Officer, Kattankolathur Panchayat Union, Kattankolathur, Chengalpattu Taluk.
C.V.KARTHIKEYAN,J.
smv W.P.No.14707 of 2017 26.07.2023