S.K.Muthu, S/O.Krishnan v. The Director Of Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.6821 and 6822 of 2018 and W.M.P.(MD)Nos.6534 to 6537 of 2018 S.K.Muthu ... Petitioner in W.P.(MD)No.6821 of 2018 M.Selva Ganapathi ... Petitioner in W.P.(MD)No.6822 of 2018 -Vs1.The Director of Town Panchayats, Kuralagam, Chennai-600 108.

2.The Assistant Director of Town Panchayats, N.G.O.Colony, Tirunelveli.

... Respondents 1 and 2 in both W.Ps.

3.Thisayanvilai Town Panchayat, Represented by its Executive Officer, Thisayanvilai, Tirunelveli District. ... 3rd Respondent in W.P.(MD)No.6821 of 2018 3.Nanguneri Town Panchayat, Represented by its Executive Officer, Nanguneri, Tirunelveli District.

... 3rd Respondent in W.P.(MD)No.6822 of 2018 COMMON PRAYER:Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the third respondent in Na.Ka.Nos.186/2015 and 175-3/2015/A1 respectively dated 07.12.2015 and 08.12.2015 respectively, quash the same.

For Petitioner : Mr.R.Subramanian For R1 and R 2 : Mr.J.Gunaseelan Muthiah Additional Government Pleader.

For R3 : Mr.Rajarajan (in both Writ Petitions)

COMMON ORDER Heard the learned counsel on either side.

2.By consent of both the 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.

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 third respondent in both the Writ Petitions 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 third respondent in both the Writ Petitions are 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(Co) /True Copy/ Sub Assistant Registrar tsg To 1.The Director of Town Panchayats, Kuralagam, Chennai-600 108.

2. The Assistant Director of Town Panchayats, N.G.O.Colony, Tirunelveli.

3. The Executive Officer, Thisayanvilai Town Panchayat, Thisayanvilai, Tirunelveli District.

3. The Executive Officer, Nanguneri Town Panchayat, Nanguneri, Tirunelveli District.

+2 CC TO Mr.R.Subramanian , Advocate, Sr.Nos. 58731,58732 JAM/29/05/2018/ SKN-RSK/SAR 2/ 3p-6c W.P.(MD)Nos.6821 and 6822 of 2018 28.03.2018