V.A.Ganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.A.Ganesan ... Petitioner Vs 1.The District Collector, Theni District.
2.The Sub Collector, Periyakulam, Theni District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to reinitiate the petitioner by revoking his suspension, by considering the petitioner's representation dated 18.12.2025.
For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader 1/8
O R D E R
The petitioner, who is working as a Village Administrative Officer, Kullapuram was placed under suspension by order, dated 19.08.2025 with effect from 30.06.2025. He was issued with a charge memo on 09.07.2025, under Rule 17(b) of Tamil Nadu Civil Service Discipline and Appeal Rules, pursuant to his involvement in a criminal case in Crime No.2 of 2022, for the offence under Sections 409, 465, 466, 468, 471, 472, 477(a) IPC r/w 109 IPC and 13(2) r/w 13(1)(c), 13(1)(d) of Prevention of Corruption Act, 1988 & 13(2) r/w 13(1)(a) of Prevention of Corruption (Amendment) Act 2018. An enquiry contemplated as against the petitioner was completed and a report was also filed. Further explanation was called for from this petitioner, by issuing a second show cause notice, dated 17.12.2025. The petitioner has offered his explanation for the second show cause notice and that apart, he has submitted a representation for revocation of his 2/8
suspension order, which is pending for the past seven months. The respondents have neither passed any order on the disciplinary proceedings nor on the representation of this petitioner for revoking the suspension order. Therefore, the petitioner is before this Court. 2.Mr.C.Venkatesh Kumar, learned Special Government Pleader takes notice for the respondents and submits that this petitioner has issued bogus pattas, for which a criminal case has been registered as against this petitioner in Crime No.2 of 2022, on the file of CBCID, Madurai Region, Madurai. He was placed under suspension by the proceedings of the Sub Collector, Periyakulam on 19.08.2025 with effect from 30.06.2025. The charges have been framed, the enquiry has been concluded and enquiry report has also been filed. The second show cause notice was issued to this petitioner, however, orders have to be passed by the Disciplinary Authority.
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3.This Court considered the rival submissions made and also perused the materials placed on record.
4. The petitioner/Village Administrative Officer, who was placed under suspension on 19.08.2025 with effect from 30.06.2025 contemplating charges has submitted his representation that he has been suspended for more than six months. It appears that a charge memo was issued as against this petitioner, an enquiry was conducted and it was concluded. The enquiry officer has also filed a report, based on which, the disciplinary authority has issued a second show cause notice on 17.12.2025. The petitioner has also submitted his reply on 02.01.2026. The Disciplinary Authority ought to have concluded the disciplinary proceedings by this time, however, it was not done so.
5. Pendency of a criminal case is not a bar for the Department to proceed with the departmental proceedings. The 4/8
Government has issued a compendium of instructions prescribing time limit for finalization of disciplinary proceedings, vide G.O.81, Human Resources Management (N) Department, dated 04.08.2022. The Government vide G.O(Ms)No.66, Human Resources Management (N) Department, dated 06.07.2022 has issued certain guidelines for conduct of disciplinary proceedings, pending criminal cases as against the delinquents.
6. Here, in the present case on hand, the enquiry as against the petitioner has been completed and a report has also been filed, however, the disciplinary proceedings is yet to be completed. Moreover, the suspension order is kept pending for months together, without any review.
7.In view of the above, this writ petition is disposed of, with a direction to the Disciplinary Authority to conclude the disciplinary proceedings, within a period of four weeks from the date of receipt of a copy of this order, by following the above 5/8
Government orders scrupulously. In the event, if the respondents are not concluding the disciplinary proceedings within the stipulated period, they shall consider the representation of this petitioner for revocation of the suspension order. No costs. 13.02.2026 NCC: Yes/No Index:Yes/No Internet:Yes vrn 6/8
To 1.The District Collector, Theni District.
2.The Sub Collector, Periyakulam, Theni District.
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B.PUGALENDHI, J.
vrn Order made in 13.02.2026 8/8