Madras High CourtWP(MD)/2346/2018allowed

S.Arumugam v. The District Adi Dravidar

2018-02-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 2346 of 2018 and W.M.P. (MD). No. 2563 of 2018 S.Arumugam .. Petitioner Vs.

The District Adi Dravidar Welfare Officer, Thanjavur, Thanjavur District.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for all records relating to the proceedings Na.Ka.No.30126/2017/M5, dated 29.12.2017 of the District Adi Dravidar Welfare Officer, Thanjavur, the respondent herein and quash the same. For petitioner : Mr. C.Prakasam For respondent : Mr. M.Jeyakumar Additional Government Pleader

O R D E R

*********** Heard the learned Counsel on either side.

2. By consent of both parties, the main writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner is working as a Hostel Warden of Adi Dravidar Welfare Boys Hostel, Vandaiyur Eruppu. During the course of an inspection certain lapses were found on the part of the petitioner.

Therefore, he was suspended by order dated 29.12.2017. The order of suspension was to facilitate holding of an enquiry.

4. The learned Counsel appearing for the petitioner submits that the enquiry had since been conducted and that the orders have also been passed imposing the penalty of stoppage of increment for six months.

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5. The purpose of suspending the petitioner was only to ensure that the enquiry was held. Since the said purpose was already served, there is no point in keeping the petitioner under suspension. In this view of the matter, the respondent is directed to revoke the order of suspension dated 29.12.2017 and permit the petitioner to join duty forthwith. It is made clear that the order of suspension is sustained. The relief granted to the petitioner is in respect of his reinstatment. It is open to the petitioner to question the order of penalty imposed on him.

6. This Writ petition stands allowed, on the above terms. No costs.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

The District Adi Dravidar Welfare Officer, Thanjavur, Thanjavur District.

+1cc to Mr. C.Prakasam, Advocate, in SR No.48068 ORDER MADE IN W.P.(MD).No.2346 of 2018 13.02.2018 kmi MS-SV-MMS-SAR 4/14.2.2018/2P-3C https://hcservices.ecourts.gov.in/hcservices/