A.Manikandan v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.6794 & 6795 of 2018 and W.M.P.(MD).Nos.6504 & 6505 of 2018 A.Manikandan ... Petitioner in W.P.(MD)No.6794 of 2018 A.Sudalai Sekar ... Petitioner in W.P.(MD)No.6795 of 2018 -VsThe Executive Officer, Veeravanallur Town Panchayat, Veeravanallur, Tirunelveli District. ...Respondents in both Petitions COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent in Na.Ka.Nos.123-1 / 2015 / A1 and 123 / 2015 / A1 dated 09.12.2015 and quash the same and consequently direct the respondent to reinstate the petitioners back into service. For Petitioners : Mr.B.Prahalad Ravi in both Petitions For Respondent : Mr.Rajarajan in both Petitions COMMON ORDER Heard the learned counsel on either side.

2.By consent of both parties, the main Writ Petitions themselves are taken up for final disposal at the stage of admission.

3.The petitioners are working as Sanitary Workers. They were sponsored by Employment Exchange, Tirunelveli. The petitioners have been suspended from service on the ground that they had falsely projected themselves as Physically Challenged candidates. Therefore, they were placed under suspension for the last several months.

https://hcservices.ecourts.gov.in/hcservices/ 4.The Hon'ble Division Bench of this Court in W.A.(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. 5.Following the said decision, this Court is inclined to direct the respondent herein to revoke the orders of suspension impugned in these Writ Petitions and consequently reinstate the petitioners in service forthwith. It is, however, made clear that the respondent is at liberty to proceed with the disciplinary proceedings initiated against the petitioners and pass final orders in accordance with law.

6.These Writ Petitions stand allowed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The Executive Officer, Veeravanallur Town Panchayat, Veeravanallur, Tirunelveli District.

+ 2 ccs TO Mr.B.Prahalad Ravi, Advocate in SR No. 58864 and 58865 tsg AE/MK/SKN RSK/SAR1/01.06.2018/2P/4C W.P.(MD)Nos.6794 & 6795 of 2018 28.03.2018 https://hcservices.ecourts.gov.in/hcservices/