M.Ganesan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND M.Ganesan ... Petitioner Vs.

The Commissioner, Ambasamudram Municipality, Tirunelveli District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings bearing Na.Ka.No.1023/2024/C1 dated 24.09.2024 on the file of the respondent and to quash the same and consequently direct the respondent to reinstate the petitioner in his service as a sanitary worker by considering the representation dated 28.02.2025 within a time frame that may be fixed by this Court.

For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.S.Packiya Muthu Standing Counsel 1/5

O R D E R

Heard the learned counsel for the petitioner, the learned Standing Counsel for the respondent and perused the materials available on record.

2. The petitioner, who is working as sanitary worker in the public health division of the respondent Municipality was suspended temporarily vide proceedings, dated 24.09.2024 issued by the respondent. Against the said proceedings, the present writ petition is filed.

3. The petitioner has raised several grounds in his writ petition. But this Court is not inclined to go into the merits of the case at present in view of the fact that enquiry is pending with the respondent. At the same time, it is not acceptable to this Court with the inaction of the respondent in concluding the disciplinary proceedings initiated against the petitioner from the month of September 2024 to till date and for not reviewing the suspension order passed on 24.09.2024 even after lapse of six months.

4. The learned Standing Counsel for the respondent, on instructions, submits that the enquiry initiated against the petitioner will be concluded within the time to be stipulated by this Court.

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5. Considering the submissions of the respective learned counsels, this Court intends to dispose of the writ petition at the admission stage with the consent of both parties without going into the merits of the case with a direction to the respondent to conclude the disciplinary proceedings initiated against the petitioner within a time to be stipulated herein under to meet the ends of justice.

6. Accordingly, this writ petition is disposed of with a direction to the respondent to conclude the disciplinary proceedings initiated against the petitioner within a period of 4 weeks from the date of receipt of a copy of this order.

7. If the respondent fails to conclude the enquiry within the time stipulated herein above, the respondent shall revoke the suspension order, dated 24.09.2024 and reinstate the petitioner into service. No costs.

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To:

The Commissioner, Ambasamudram Municipality, Tirunelveli District.

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BATTU DEVANAND , J.

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