Madras High CourtWA(MD)/1251/2017allowed

The State Of Tamilnadu v. P.Nirmal Nesakumar

2017-09-21Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)No.1251 of 2017 against W.P No.14574/2014 and C.M.P.(MD)No.8791 of 2017 1.The State of Tamil Nadu, Represented by its Secretary, Rural Development Department, St.George Fort, Chennai- 600 009.

2.The District Collector, Kanyakumari District, Nagercoil.

3.The Block Development Officer (Panchayats), Munchirai Panchayat Union, Puthukadai Post, Kanyakumari District. ... Appellants/Respondents Vs.

P.Nirmal Nesakumar ... Respondent/Petitioner PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order dated 24.11.2016 passed in W.P.(MD)No.14574 of 2014 on the file of this Court.

Prayer in WP(MD). 14574/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarifiedf Mandamus, to call for the records in pursuant to the impugned suspension order issued by the 2nd Respondent in Roc No. V3/ 14179/2014 dated 02.07.2014 and quash the same and consequently to Direct the Respondents to reinstate the petitioner in Service with all attendant and monetary benefits. For Appellants : Mr.T.S.Mohammed Mohideen Additional Government Pleader

For Respondent : Mr.M.Saravana Kumar

JUDGMENT

*********** [Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] This writ appeal is directed against the order dated 24.11.2016 made in W.P.(MD)No.14574 of 2014 filed by the respondent herein.

2.The respondent herein was suspended by order dated 02.07.2014. This was because a criminal case was registered against the respondent and he was also arrested and remanded to judicial custody. The said case is still pending.

3. Admittedly, the detention period exceeded 48 hours. Hence the order of suspension was rightly passed. It is also now pointed out that the suspension was reviewed and by orders dated 16.07.2015 and 10.11.2015 the suspension was directed to be continued; that there was a review of suspension was not brought to the notice of the learned Single Judge.

4.The suspension was directed to be revoked, since this aspect was not informed to the learned Single Judge. We therefore set aside the order dated 24.11.2016 made in W.P.(MD)No.14574 of 2014. The authorities shall however review the matter in the light of the decision rendered by Honourable Supreme Court in Ajay Kumar Choudhary Vs. Union of India reported in 2015(7) SCC 291. 5.This writ appeal stands allowed. If pursuant to the order made in writ petition, the suspension order was revoked, the same shall stands set aside. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Ad-II) /True Copy/ Sub Assistant Registrar TO 1.The State of Tamil Nadu, Represented by its Secretary, Rural Development Department, St.George Fort, Chennai- 600 009.

2.The District Collector, Kanyakumari District, Nagercoil.

3.The Block Development Officer (Panchayats), Munchirai Panchayat Union, Puthukadai Post, Kanyakumari District.

+1cc to M/S.M.SARAVANA KUMAR, Advocate SR.No. 80686 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No. 80961 RMI JS/SV.MMS/SAR.2/6.11.2017/3P-6C Judgment made in W.A.(MD)No.1251 of 2017 against W.P No.14574/2014 and C.M.P.(MD)No.8791 of 2017 21.09.2017