R.Aravind v. State Rep By Secretary To Govt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.A.No.2750 of 2018 and C.M.P.Nos.22679 & 22682 of 2018 R.Arvind .. Appellant Vs.

1. State Rep. by Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, Chennai - 600 009.

2. Managing Director, Tamil Nadu Backward Classes and Economic Development Corporation (TABCEDCO) Chennai - 600 008.

.. Respondent Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order of this Court, dated 17.09.2018, made in W.P.No.24291 of 2018.

Prayer in W.P.No.24291 of 2018: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of certiorarified mandamus calling for the records of the second respondent pertaining to his proceedings in Proc.No.A2/0989/2017 and quash the order dated 09/07/2018 and consequently, direct the respondents to permit the petitioner to resume his duty as Junior Assistant.

For Appellant : Mr.Sivakumar for Mr.S.Suresh For Respondents : Mr.R.Udayakumar Additional Government Pleader

J U D G E M E N T (Judgement of the Court was made by SUBRAMONIUM PRASAD,J.) Challenging the order dated 17.09.2018, passed by the learned Single Judge of this Court in W.P.No.24291 of 2018, present writ appeal has been filed. The learned Single Judge has dismissed the writ petition challenging the suspension of the writ petitioner.

2. Facts, in brief, leading to filing of the present writ petition, are that the appellant was appointed as Junior Assistant in the office of Tamil Nadu Backward Classes and Economic Development Corporation (in short "TABCEDCO"), on compassionate ground, in the place of his father, who died in the course of employment.

3. The appellant's father had availed loan from Syndicate Bank, Egmore. One Mr.S.Srinivasan, who was working in the same organisation, agreed to stand as a guarantor for repayment of the said loan.

4. The bank filed a suit for recovery of the loan availed by the father of the appellant. The appellant's father died pending suit and the appellant along with other family members, who were his legal heirs, were impleaded.

5. During the pendency of the suit, vide order dated 26.04.2017, the learned XV Assistant Judge, City Civil Court, Chennai, directed a sum of Rs.9,375/- p.m., be deducted from the salary of the appellant for a period of 39 months towards the recovery of loan availed by the father of the appellant.

6. The same was challenged by the appellant by filing a writ petition in W.P.No.17407 of 2017 and an interim stay was granted by this Court. The said writ petition is still pending.

7. The suit filed by the bank was decreed directing the legal representatives including the appellant to pay the amount. It is alleged that the department wanted to take steps to execute the decree and accordingly a memo dated 11.06.2018, was given by "TABCEDCO" directing the appellant to pay a sum of Rs.9,375/- per month to the bank.

8. A legal notice dated 25.06.2018, has been give by the appellant to the second respondent.

9. A charge memo has been issued against the appellant on 09.07.2018. The charge memo reads as under:

"Whereas one Thiru.R.Aravind, Junior Assistant, of this office indulged in bad

behaviour using vulgar words during duty and causing threat to officer and office staff.

2. And whereas an enquiry into grave charges against Thiru.R.Aravind, Junior Assistant is contemplated.

3. And whereas in the circumstances of the case it is necessary in the public interest to place the same Thiru.R.Aravind, Junior Assistant, under suspension from service.

4. Now therefore under sub-rule (e) of Rule 17 of TNCS (D&A) Rules and TABCEDCO Service Rules 60 the said Thiru R.Aravind, Junior Assistant of this office is placed under suspension from service w.e.f.

09.07.2018 until further orders.

5. During the period of suspension the said Thiru.R.Aravind, Junior Assistant will be paid subsistence allowance and D.A. as admissible under Rule 53(1) of the Fundamental Rules.

6. The Headquarters of the said Thiru.R.Aravind, Junior Assistant during the period of suspension shall be Chennai and the said Thiru R.Aravind, Junior Assistant shall not leave the headquarters without obtaining the prior permission of the authority concerned."

10. The appellant was by order dated 09.07.2018 placed on suspension. The order of suspension has been challenged in the writ petition. The writ petition has been dismissed by the learned Single Judge. The dismissal of the writ petition is the subject matter of the present writ appeal.

11. Heard the learned counsel for the parties and perused the materials available on record.

12. It is vehemently contended by the learned counsel for the appellant that the entire proceedings is vitiated by mala fides, in as much as, the second respondent herein is vindictive against the appellant, and therefore it must be set aside. It is further contended that the learned Single Judge erred in not considering the motive behind the order of suspension.

13. We cannot accept the contentions of the learned counsel for the appellant. The appellant has been served with a chargememo stating that he had indulged in bad behaviour and used vulgar words during duty and threatened his superior officer and office staff. Disciplinary proceedings has been initiated against the appellant and he has been suspended.

14. Writ Court cannot go on the merits of the order especially when disciplinary proceedings have been initiated. It is settled law that the Writ Court must be slow in interfering with the order of suspension unless victimisation is apparent and writ large on the face of record. Nothing of this nature has been demonstrated before us. Therefore, the order of the learned Single Judge does not require any interference.

15. In the result, writ appeal is dismissed. Consequently, the connected miscellaneous petitions are close. No costs. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar kk To

1. The Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Backward Classes and Economic Development Corporation (TABCEDCO) Chennai - 600 008.

+1cc to Mr.S.Suresh, Advocate SR.No.87669 +1cc to Government Pleader SR.No.88392 W.A.No.2750 of 2018 and C.M.P.Nos.22679 & 22682 of 2018 RR(CO) GMY(06/02/2019)