Madras High CourtWP(MD)/2826/2018allowed

N.Palanivel, v. The Thasildar,

2018-03-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2826 of 2018 and WMP(MD)No.2978 & 2979 of 2018 N.Palanivel ... Petitioner Vs.

The Tahsildar, Thuraiyur Taluk, Trichy District.

... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records of the respondent in its Rc.No.692/2017(A3) dated 01.02.2018 and quash the same.

For Petitioner : Mr.V.VijayShankar For Respondents : Mr.J.Gunaseelan Muthaiah, Addl., Government Pleader

ORDER

The petitioner is now working as Village Assistant. He was appointed in the said post on 13.07.1992. The petitioner is yet to be retire from service. At this stage, based on complaint from a third party, he has been suspended. Allegation made in the complaint levelled against the petitioner is that he produced a forged record sheet as if he had passed seventh standard. 2.If the disciplinary authority is of the view that the petitioner had committed any misconduct, it is open to him to initiate disciplinary action against the petitioner. No purpose will be served by suspending the petitioner from service. That apart, the impugned order suffers from a factual misconception. 3.It is true that a criminal case has been registered against the petitioner. But, the affirmative stand taken by the petitioner is that he was never arrested and detained. But, the impugned order has been passed invoking Rule 17(e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules as if he was in detention beyond a period of 48 hours.

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4.The order impugned in this writ petition is therefore quashed. The respondent is directed to reinstate the petitioner in service forthwith.

5.This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To The Tahsildar, Thuraiyur Taluk, Trichy District.

+One cc to M/s.V.Karthikeyan, Advocate, SR.No.53229 +One cc to The Special Government Pleader, SR.No.53633 skm JM/4C/2P/SKN/RSK/SAR4/9/3/2018 W.P(MD)No.2826 of 2018 and WMP(MD)No.2978 & 2979 of 2018 06.03.2018 https://hcservices.ecourts.gov.in/hcservices/