R.Manjula v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN R.Manjula ... Petitioner
Versus
The District Collector, Thiruvannamalai
...Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to consider the representation dated 08.08.2024 and pass further orders. For Petitioner : Mr.L.P.Shanmugasundaram For Respondent : Mr.Yogesh Kannadasan Special Government Pleader
O R D E R
This petition is filed for issuance of a Writ of Mandamus directing the respondent to consider the representation dated 08.08.2024 and pass further orders.
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2. The petitioner was entered into service as Revenue Assistant on 12.03.2012 and was promoted as Deputy Tahsildar on 06.11.2017 and further promoted as Tahsildar on 06.04.2023, thereby rendered 12 years of unblemished service. While the petitioner was serving as Tahsildar, Thiruvannamalai District, she was falsely implicated in a criminal case in Cr.No.7 of 2024 on the complaint preferred by one Srinivasan on the ground that the petitioner demanded illegal gratification for solvency certificate. Consequently, the petitioner was placed under suspension by invoking Rule 17(2)(e) of the Tamilnadu Civil Services (D&A) Rules vide proceedings dated 17.06.2024. The petitioner submitted a detailed representation dated 08.08.2024 to revoke the suspension order, however, the same has not been considered, hence this petition.
3. The learned counsel for the petitioner submits that the petitioner is under prolonged suspension, however, the respondent neither reviewed the order nor reinstated into service, hence a representation has been submitted and the same was not considered. Further, this Court also held that prolonged suspension is bad and held 2/5
that instead of paying the salary in the form of subsistence allowance, it is advisable to post the delinquent in a non-sensitive post or faraway place, thereby pleaded to direct the respondent to consider the representation dated 08.08.2024 without any further delay.
4. The learned Special Government Pleader appearing for the respondent submits that subsistence allowance is being paid to the petitioner and pleaded to grant some time to dispose of the said representation.
5. It is pertinent to point out that the petitioner was placed under suspension in the month of June, 2024 and it is the contention of the petitioner that this Court on earlier occasion held that prolonged suspension is bad and that it is advisable to post the delinquent in a non-sensitive post or faraway place. Further, a representation has also been given to the authorities with regard to the same. This Court is not inclined to consider the same, however, this Court is inclined to direct the respondent to pass appropriate orders on the representation of the petitioner dated 08.08.2024 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. 3/5
In view of the above, the present Writ Petition is disposed of. No costs.
17.12.2024 Index : Yes/No Internet: Yes / No Speaking order : Yes/No ssd To The District Collector, Thiruvannamalai 4/5
V.BHAVANI SUBBAROYAN, J.
ssd 17.12.2024 5/5