K.Kumaravel v. The Commissioner Of Treasureies And Accounts

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP Nos.55178 and 55180 of 2025 K.Kumaravel Additional Sub Treasury Officer, (under Suspension), Sub-Treasury Office, Pappireddipatti, Dharmapuri District.

Petitioner(s) Vs

1. The Commissioner of Treasuries And Accounts No.571, 3rd Floor, Nandanam, Chennai-600 035 2.The Treasury Officer, District Treasury, Dharmapuri Respondent(s) PRAYER Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings of the 1st respondent in R.C. No43194/2022/Q2 dated 22.07.2024 and quash the same and consequently direct the 1st Respondent to reinstate the petitioner in service and with all consequential benefits. For Petitioner : Mr.C.Mariappan For R1 : Mr.Azizulla Khan Government Advocate For R2 : Mr.C.Balamurugan Government Advocate

ORDER

This writ petition has been filed, challenging the impugned order of the 1st respondent dated 22.07.2024 and seeking a direction to the 1st Respondent to reinstate the petitioner in service and with all consequential benefits. 2.The learned counsel for the petitioner would submit that pursuant to the selection by the Tamilnadu Public Service Commission (Group-II), he was appointed as Accountant on 06.01.2010 in the Sub-Treasury Office at Dharmapuri. Subsequently, he was transferred to various places and lastly, posted to Sub-Treasury Office at Pappireddipatti in Dharmapuri District. While he was serving as Additional Sub-Treasury Officer at Pappireddipatti, the 1st respondent has placed him under suspension vide his proceedings in R.C No.43194/2022/Q2 dated 22.07.2024, on the ground that his name was included as Accused No.

9 in the charge sheet filed by the CBCID in C.C No.1836 of 2022 pending on the file of the Judicial Magistrate No.IV, Madurai. The allegations in the charge sheet state that the petitioner allegedly received certain amounts from his uncle and transferred the same to a third party through his bank account. He transferred the said amount through his account only at the request of his uncle and he was not aware of the above transaction.

vide Na.Ka.No.43194/Q2/2022 dated 22.07.2024 under 17(b) of the Tamil Nadu State and Subordinate (Disciplinary and Appeal) Rules for the same set of charges framed in the criminal case in C.C No.1836 of 2022 pending on the file of the Judicial Magistrate-IV at Madurai. Immediately, he submitted a detailed explanation to the above said charge memo by denying the charges. Thereafter, he made a representation on 29.07.2024 to the 1st respondent, requesting to revoke the order of suspension and reinstate him in service, but no reply. Aggrieved by the above order of suspension, the petitioner filed W.P No.23727 of 2024 before this Court praying for issuance of writ of certiorarified mandamus to call for the records pertaining to the proceedings of the 1st respondent in R.C No.43194/2022/Q2 dated 22.07.

2024 and to quash the same and this Court, by its order dated 21.08.2024 dismissed the said petition on the ground of premature. The petitioner has been under prolonged suspension. The Chief Secretary to Government has issued G.O(Ms) No.81, Human Resource Management (N) Department, dated 04.08.2022 with regard to review of suspension order pending enquiry into grave charges and continuation of suspension beyond three months/six months. However, the petitioner, a Government employee has been kept under suspension indefinitely till the completion of the criminal case, even though the trial has not yet commenced. Challenging the said impugned order, the present writ petition has been filed.

3. The learned Government Advocate appearing for the 1st respondent would submit that the petitioner was involved in a case of job racketing to the tune of Rs.3,12,00,000/-, collected from various persons, and he has been arrayed as A9. The CBCID registered a case against him in Crime No.1 of 2019 for the offences punishable under Sections 468, 471, 420 IPC @ 34, 120(B), 406, 417, 420, 468, 469, 471, 466, 509, 201, 380, 506(i), 109 IPC and 4 of TNPHW Act. Upon completion of investigation, a charge sheet was filed in C.C No.1836 of 2022 before Judicial Magistrate No.IV, Madurai. Subsequently, a charge memo was issued to the petitioner and an enquiry was also conducted. However, no final order has been passed. Accordingly, he prayed for dismissal of the writ petition.

4.This Court has carefully considered the submissions of both parties and perused the materials on record. It is clear that the petitioner has been placed under suspension pending enquiry into serious allegations, and the trial has not yet commenced in the related criminal case. Further, after conducting the enquiry, no final orders have been passed. In such circumstances, this Court finds that there is no basis to interfere with the suspension order at this stage.

5. In view of the above, this writ petition stands dismissed. No costs. However, liberty is granted to the petitioner to make a representation to the 1st respondent seeking revocation of suspension order, within a period of two weeks from the date of receipt of a copy of this order. If such representation is made, the 1st respondent shall consider and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter. Consequently, connected miscellaneous petitions are closed. 18-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes uma To 1.The Commissioner of Treasuries And Accounts No.571. 3rd Floor, Nandanam, Chennai-600 035 2.The Treasury Officer, District Treasury, Dharmapuri

M.DHANDAPANI J.

uma and WMP No. 55180 & 55178 of 2025

18-12-2025