Marudhamuthu. V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.3849 of 2024 and W.M.P.(MD).No.3737 of 2024 V.Marudhamuthu ... Petitioner Vs

1. The District Collector, Dindigul District.

2. The Assistant Director (Village Panchayat), Dindigul Distric.t

3. The Block Development Officer (Village Panchayat), Reddiarchathiram Union, Dindigul District.

4. A.Innsasi.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the order passed by the first respondent in his proceedings in Na.Ka.No.9358/2022/U.Va. 9 dated 22.01.2024 and quash the same.

For Petitioner : Mr.V.Panneer Selvam For Respondent Nos.1 to 3 : Mr.A.Baskaran Additional Government Pleader For Respondent No.4 : Mr.C.Mayil Vahana Rajendran 1/4

ORDER

The instant writ petition has been filed by a President of Village Panchayat, challenging the order passed by the first respondent, wherein, the fourth respondent has been reinstated in service after revoking the order of suspension.

2. According to the learned Counsel appearing for the writ petitioner, the fourth respondent ought not to have been reinstated in the same village Panchayath in view of various allegations as against him.

3. Per contra, the learned Additional Government Pleader appearing for the respondent Nos.1 to 3 on instructions, submits that the fourth respondent was subjected to department enquiry and final order have been passed on 27.08.2024, wherein, imposing punishment of stoppage of increment for a period six months. Therefore, the order of suspension has been revoked and the fourth respondent has been reinstated in the same village Panchayat. 2/4

4. Considering the fact that the petitioner's tenure has got expired on 05.01.2025, and also considering the fact that the fourth respondent has been reinstated in service after completion of departmental proceedings, this Court is not inclined to interfere with the order of reinstatement of the fourth respondent. However, in case, if any other allegations are made out as against the fourth respondent, it is open to the writ petitioner to submit proper application before the concerned District Collector.

5. With the above said observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.01.2025 (1/2) NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To

1. The District Collector, Dindigul District.

2. The Assistant Director (Village Panchayat), Dindigul Distric.t

3. The Block Development Officer (Village Panchayat), Reddiarchathiram Union, Dindigul District.

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R.VIJAYAKUMAR , J.

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