M.Kumaresan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.37523 of 2024 M.Kumaresan ... Petitioner Vs.
1.The District Collector, Salem District Collectorate, Salem District, Tamil Nadu-636 001.
2.The District Revenue Officer, Periyakollappatty, Salem District, Tamil Nadu -636 007 3.The Revenue Divisional Officer, The Revenue Divisional Officer, Suramangalam, Salem District, Tamil Nadu- 636 005.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the Page No.1 of 5
records pertaining to ROC.No.634/2022/A1 dated 03.02.2022 issued by the 3rd respondent, quash the same and consequently direct the 3rd respondent to reinstate the petitioner in service as a Village Administrative Officer, on the basis of the representation dated 20.11.2022 within the time to be stipulated by this Court.
For Petitioners : Mr.S.Sriram For Respondents : Mr.Stalin Abimanyu Additional Government Pleader
ORDER
This writ petition has been filed questioning the proceedings No.ROC.No.634/2022/A1 dated 03.02.2022 whereby, the petitioner was placed under suspension by the 3rd respondent, as a consequence of the involvement of the petitioner in Crime No.4/AC/2024. The learned counsel for the petitioner, mainly contended that, even after lapse of more than two years, the respondents have failed to review the suspension order in terms of the law laid down by the Hon'ble Apex Court in the case of Vijay Kumar Choudhary V. Union of India reported in [(2015) 7 SCC 291]. Further, it is also contended that the petitioner has already submitted a representation dated 20.11.2022 before the respondents No.3, seeking to review the suspension order.
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2.When the matter is taken up for consideration, the learned Government Advocate fairly submitted that the 3rd respondent has to review the suspension order in the light of the law laid down by the Hon'ble Apex Court in the case of Vijay Kumar Choudhary (stated supra) and the Government orders issued from time to time.
3.In the light of the above, this Court without going into the merits of the case, the writ petition is disposed of, directing the 3rd respondent to review the suspension order of the petitioner, imposed through proceedings No.ROC.No.634/2022/A1 dated 03.02.2022 in the light of the guidelines laid down by the Hon'ble Apex Court in the case of Vijay Kumar Choudhary (stated supra) and the recent Government orders and pass appropriate orders thereon as expeditiously as possible at any rate, within a period of six weeks from the date of receipt of a copy of this order. No costs. 09.12.2024 vsn Index :
Yes/No Speaking Order :
Yes/No Page No.3 of 5
To 1.The District Collector, Salem District Collectorate, Salem District, Tamil Nadu-636 001.
2.The District Revenue Officer, Periyakollappatty, Salem District, Tamil Nadu -636 007 3.The Revenue Divisional Officer, The Revenue Divisional Officer, Suramangalam, Salem District, Tamil Nadu- 636 005.
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MUMMINENI SUDHEER KUMAR,J.
vsn W.P.No.37523 of 2024 09.12.2024 Page No.5 of 5