Madras High CourtWP(MD)/2550/2018allowed

N.Meenakshi Sundaram v. The Executive Officer

2018-02-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No.2550 of 2018 N.Meenakshi Sundaram ... Petitioner Vs.

The Executive Officer, Kallidaikurichi Selection Grade Town Panchayat, Tirunelveli District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to reinstate the petitioner into the service in the light of the order passed in W.A.(MD)No.1467 and 1468 of 2015 dated 23.09.2016. For petitioner : Mr.R. Pon Karthikeyan For Respondent : Mrs. M.Rajarajan

O R D E R

Mr.M.Rajarajan, learned counsel for the respondent takes on behalf of the respondent.

2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner was working as Fitter in the respondent Town Panchayat. He was sponsored by Employment Exchange, Tirunelveli. The petitioner has been suspended from service on the ground that he has falsely projected himself as Physically Challenged candidate. Therefore, he was placed under suspension for the last several months.

4.The Hon'ble Division Bench of this Court in WA(MD)Nos.1467 & 1468 of 2015, dated 23.09.2016 (S.Periyasamy, Jesu Antony vs. The Executive Officer, Ayakudi Town Panchayat, Tirunelveli District), directed the employer to revoke the suspension orders. It was however observed that the employer would be at liberty to proceed with the departmental proceedings and pass final orders in accordance with law.

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5.Respectfully following the aforesaid decision, this Court is inclined to direct the respondent herein to revoke the order of suspension which is impugned in this writ petition and consequently reinstate the petitioner in service forthwith. It is however made clear that the respondent is at liberty to proceed with the disciplinary proceedings initiated against the petitioner and pass final order in accordance with law.

6.Accordingly, this writ petition stands allowed. No costs. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar/ To +1cc to Mr.R.Pon Karthikeyan, Advocate, SR.No.47011. ORDER MADE IN W.P. (MD) No.2550 of 2018 08.02.2018 pnn/skm RAM JM/RSK/SAR 1/02.05.2018/2P/2C https://hcservices.ecourts.gov.in/hcservices/