N.Pandiyaraja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR N.Pandiyaraja Panchayat Secretary (Now under suspension) Thirupanavasal Panchayat Avudaiyarkovil Panchayat Union Pudukkottai District ... Petitioner Vs.

1.The District Collector Pudukkottai District Pudukkottai 2.The Assistant Director (Accounts) Revenue Department Pudukkottai District 3.The Block Development Officer (Village Panchayat) Avudaiyarkovil Panchayat Union Pudukkottai District .....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents to reinstate the petitioner in the post of Panchayat Secretary of Thirupanavasal Panchayat, as per the order in Na.Ka.No.6805/2022/V3 (Panchayat) dated 03.10.2024 of the first

respondent, based on the representation of the petitioner dated 28.12.2024 within the time frame as fixed by this Court.

For Petitioner : Mr.V.Vijayendiran For Respondents : Mr.A.Baskaran Additional Government Pleader for R1 & R2 : Mr.N.Satheesh Kumar Additional Government Pleader for R3

ORDER

The instant writ petition has been filed seeking to reinstate him as Panchayat Secretary of Thirupanavasal Panchayat as per direction of the first respondent dated 03.10.2024.

2.The petitioner herein was placed under suspension by way of proceedings, dated 29.11.2022. The petitioner was issued with a charge memo on 30.11.2023 and the final orders were passed in the enquiry postponing the next increment of the writ petitioner for a period of three months with cumulative effect.

3.In view of passing of the final order in the disciplinary proceedings, the petitioner had approached the first respondent seeking reinstatment in service.

The first respondent by his proceedings dated 03.10.2024 had directed the third respondent to reinstate the petitioner in service and submit a report. Since the order of the first respondent has not been complied with by the third respondent, the present writ petition has been filed.

4.The learned Additional Government Pleader appearing for the third respondent, on instructions, had submitted that some others allegations as against the writ petitioner are pending and therefore, there is some difficulty in reinstating the writ petitioner. He further submits that the District Collector has called for a report from the third respondent to the said effect. 5.Considering the fact that the District Collector had already directed the third respondent to reinstate the writ petitioner, the third respondent is duty bound to comply with the said order. In case, if any other misconduct is found out in future, it is for the authority to act in accordance with law. Therefore, the third respondent is directed to reinstate the writ petitioner within a period of four weeks from the date of receipt of a copy of this order.

6.With the above said observations, this writ petition stands disposed of. No Costs.

10.01.2025 Index : Yes/No Internet : Yes/No NCC:

: Yes/No msa To 1.The District Collector Pudukkottai District Pudukkottai 2.The Assistant Director (Accounts) Revenue Department Pudukkottai District 3.The Block Development Officer (Village Panchayat) Avudaiyarkovil Panchayat Union Pudukkottai District

R.VIJAYAKUMAR, J.

msa 10.01.2025