Padmarajan, v. The Revenue Divisional Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Padmarajan

...Petitioner

Vs.

1.The Revenue Divisional Officer, Aranthangi, 2.The Inspector of Police, Vigilance and Anti Corruption Wing, Pudukottai, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the 1st respondent in R.C.No.2973/2016/A1, dated 26.11.2016 and quash the same as improper, arbitrary and consequently, directing the first respondent herein to reinstate the petitioner in the post of Village Administrative Officer.

For Petitioner : Mr.D.Ramesh Kumar For Respondents : Mr.P.Mahendran Additional Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner, while serving as Village Administrative Officer in Retiyapalayam Village, was placed under suspension by the first respondent herein, through an order dated 26.11.2016, which is impugned in the present writ petition. The petitioner herein is aggrieved against the prolonged suspension.

3.By placing reliance on the decision of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary v. Union of India, reported in (2015) 7 SCC 291, the learned counsel for the petitioner would submit that such a prolonged suspension is impermissible.

1/3

4.The Hon'ble Division Bench of this Court in the case of Tamil Nadu Generation & Distribution Corporation Limited and Ors Vs A.Srinivasan reported in 2020 LabIC 3814, had held that the principles laid down in the Ajay Kumar Choudhary's case (supra) would not be applicable to the delinquencies involving Prevention of Corruption Act.

5.As such, the ground raised by the petitioner for revoking of suspension on the ground of prolonged suspension cannot be sustained. Nevertheless, if the petitioner is granted liberty to approach the first respondent with a request to revoke his suspension on sympathetic grounds, the ends of justice could be secured.

6.In the light of the above, the petitioner is granted liberty to give a fresh representation to the first respondent herein seeking for revocation of suspension and on receipt of such representation, the first respondent herein shall consider the same on its own merits and take further course of action in accordance with law, preferably, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim made by the petitioner.

7.Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(RTI) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Revenue Divisional Officer, Aranthangi, 2/3

2.The Inspector of Police, Vigilance and Anti Corruption Wing, Pudukottai, +1 CC to M/s.D.RAMESH KUMAR, Advocate SR-11766[F] dated 17/03/2021 16.03.2021 TP(CO) TR(17.04.2021) 3P 4C 3/3