Mallika v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-11-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN Mallika W/o. Chinnapaiyan, 1/1196, Agri Nagar, TNHB, Quarters, Vennampatti, Lakkampatti, Dharmapuri-636 705 Petitioner(s) Vs
1. The District Collector Office Of The District Educational Officer, Dharmapuri -635 501 2.The Block Educational Officer Office Of The Block Educational Officer, Nallampalli, Dhamapuri -636 Respondent(s) PRAYER:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records order 1/5
passed by the 1st Respondent in vide impugned order R.C. No.206/A6/2022 dated 28.05.2025 U/s. 17 (e) (2) of Tamilnadu Civil Service (Disciplinary and Appeal) rules and quash the same and further directing the Respondents to release the retirement benefits and pension of the petitioner from the date of retirement For Petitioner:
Mr.V.Balamurugan For Respondent:
Mrs.S.Mythreye Chandru, Special Govt. Pleader for R1 and R2
ORDER
This Writ Petition has been filed challenging the impugned order dated 28.05.2025 passed by the 1 st respondent, thereby placed the petitioner under suspension and the petitioner was not permitted to retire from service.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner had worked as a Graduate Teacher (BT Assistant) in English at Government PUMS, Nadappanahalli, Dharmapuri District and attained the age of superannuation on 31.05.2025. During the service, she was involved in a criminal proceedings initiated under Sec.138 of Negotiable Instruments Act in C.C.No.14 of 2018, wherein after completion of trial, she 2/5
was convicted and sentenced to undergo four months simple imprisonment and ordered to pay compensation of Rs.2,90,000/- within two months. Aggrieved by the same, she had preferred Criminal Appeal and the same was also dismissed by confirming the order passed by the trial court. Challenging the same, the petitioner filed a Criminal Revision Petition before this court and the same is pending. While so, she had also involved in another criminal case initiated under Sec.138 of Negotiable Instruments Act in S.T.C.No. 4 of 2025 on the file of Judicial Magistrate, Dharmapuri. So, in pursuant to the order of conviction, the petitioner was not permitted to retire from service and she was suspended from service. Now, she was also served on with the charge memo dated 24.10.2025 and it is pending for enquiry.
In view of the above, the revocation of suspension of the petitioner cannot be considered and this Writ Petition is liable to be dismissed. However, the enquiry authority is directed to complete the disciplinary proceedings and pass final orders within a period of six months from the date of receipt of a copy of this order.
4. In the result, this Writ Petition stands dismissed. No costs. 06-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp 3/5
To 1.The District Collector Office Of The District Educational Officer, Dharmapuri -635 2.The Block Educational Officer Office Of The Block Educational Officer, Nallampalli, Dhamapuri -636 807
3. The Public Prosecutor, High Court, Madras. 4/5
G.K.ILANTHIRAIYAN J.
rpp 06-11-2025 5/5