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Madras High CourtWP/33828/2025disposed of

K.Nallasamy v. The District Collector

2025-09-09Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025 CORAM :

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA K.Nallasamy ... Petitioner Vs.

The District Collector, Erode, Erode District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to dispose of the representation of the petitioner dated 10.07.2025 seeking revocation of the order of suspension and reinstatement in service in the light of the law laid down by the Hon'ble Apex Court in C.A.No.10856/2016, dated 23.01.2025 in the case of Bhupinder Singh Vs. Unitech Limited and others.

For Petitioner : Mr.S.Vijayakumar, Senior counsel Assisted by Mr.K.N.Pandian For Respondent : Mr.Yogesh Kannadasan, Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondent to dispose of the representation of the petitioner dated 10.07.2025 seeking revocation of the order of suspension and reinstatement in service in the light of the law laid down by the Hon'ble

Apex Court in C.A.No.10856/2016, dated 23.01.2025 in the case of Bhupinder Singh Vs. Unitech Limited and others.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the Respondents.

3. By consent, this Writ Petition is taken up for final disposal today at the admission stage itself.

4. The case of the petitioner is that he joined in the Revenue Department as Pro Assistant on 12.12.2012 at Revenue Unit, Erode District through Tamil Nadu Public Service Commission (TNPSC) Group II and subsequently promoted to various posts periodically and as on date, he is serving as Zonal Deputy Tahsildar, Perundurai Division. While so, a trap was laid by the Director of Vigilance and Anti Corruption, Erode District on 13.12.2024 due to which a criminal case was registered in FIR No.9/AC/2024 based on the alleged confession recorded from one Sarathkumar, Village Administrative Officer, Pallapalayam. Thereafter, the petitioner was placed under suspension vide proceedings in Rc.No.32210/2024/A3, dated 15.12.2024, suspending him from service

under Rule 17(2)(e) of Tamil nadu Civil services (Discipline & Appeal) Rules. The petitioner is due for his promotion to the post of Tahsildar in the year 2025-2026. However, the petitioner has been kept in prolonged suspension. Hence, the petitioner made a representation on 10.07.2025, disclosing all the details on record and requesting the authority to revoke the suspension order and the same has not evoked any response. Hence, the petitioner filed the present Writ Petition, to consider his representation, dated 10.07.2025 seeking revocation of suspension order and reinstatement in the light of the decision of the Hon'ble Supreme Court in C.A.No.10856/2016, dated 23.01.2025 in the case of Bhupinder Singh Vs. Unitech Limited and others.

5. The learned Special Government Pleader appearing for the respondent would submit that till date charge sheet has not been filed and charge memo has not been issued to the petitioner.

6. Considering the same and although a larger relief is sought for in the present Writ Petition, this Court is of the view that it is suffice to direct the respondent to consider the representation of the petitioner. Accordingly, without going into the merits of the case, this Court directs

the respondent to consider the representation of the petitioner dated 10.07.2025 in the light of G.O(Ms).No.81, Human Resources Management (N) Department, dated 04.08.2022 on merits and in accordance with law and in view of the observations made by the Hon'ble Supreme Court in C.A.No.10856/2016, dated 23.01.2025 in the case of Bhupinder Singh Vs. Unitech Limited and others, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition stands disposed of. No costs.

09.09.2025 Index : Yes/No Speaking Order : Yes/No : Yes / No vum To:

The District Collector, Erode, Erode District.

A.D.JAGADISH CHANDIRA ,J., vum 09.09.2025