Madras High CourtWP(MD)/2620/2018allowed

M.Duraichi,W/O.S.Muthukrishnan v. The District Collector,

2018-02-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 2620 of 2018 and W.M.P. (MD). No. 2813 of 2018 M.Duraichi .. Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Project Officer, Integrated Child Development Scheme, Tirunelveli.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to reinstate the petitioner in service by revoking the order of suspension dated 09.04.2012 based on the petitioner representation dated 27.12.2017 with the all attendant benefits. For petitioner : Mr.S. M.Mohan Gandhi For respondents : Mr. J.Gunaseelan Muthiah Additional Government Pleader ******

O R D E R

*********** Heard the learned Counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.

2. The petitioner is employed as Anganwadi worker. She got involved in a family dispute leading to registration of Crime No.29 of 2012 on the file of Vijayanarayanam Police Station. The petitioner was therefore suspended on 09.04.2012. Since the cause of action that led to petitioner's suspension has nothing to do with the discharge of her official duties, the respondent cannot keep her under prolonged suspension.

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3. This Court directs the second respondent to revoke the petitioner's suspension and reinstate her in service. Such exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

4. This Writ Petition is allowed as indicated above. No costs. Consequently, W.M.P. (MD). No. 2813 of 2018 is closed. Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To:

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Project Officer, Integrated Child Development Scheme, Tirunelveli.

+One cc to The Special Government Pleader, SR.No.49790 +One cc to M/s.S.M.Mohan Gandhi, Advocate, SR.No.49769 kmi RL/5C/2P/SV/MMS/SAR2/26/3/2018 ORDER MADE IN W.P. (MD) No. 2620 of 2018 and W.M.P. (MD). No. 2813 of 2018 19.02.2018 https://hcservices.ecourts.gov.in/hcservices/