S.Mariappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD) No.5705 of 2022 S.Mariappan ... Appellant/Writ Petitioner Vs.

1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.

3.The District Social Welfare Officer, Virudhunagar District.

4.The Tahsildar, Anakottam, Virudhunagar District.

... Respondents/Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 25.03.2022 in W.P(MD)No.14326 of 2021 and allow the Writ Appeal.

For Appellant : Mr.T.S.Mohamed Mohideen For Respondents : Mr.S.P.Maharajan Special Government Pleader Page 1/4

J U D G M E N T

(Judgment of the Court was delivered by S.S.SUNDAR,J.) The writ appeal is directed against the order of learned Single Judge, dated 25.03.2022, dismissing the Writ Petition, which was filed by the appellant, challenging the order of suspension passed by the second respondent on 05.08.2021.

2.

Heard Mr.T.S.Mohamed Mohideen, learned counsel for the appellant and Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents.

3.

The fact that a charge memo was issued for serious misconduct against the appellant is not disputed. It is also admitted that the complaint relates to sexual harassment and an internal complaints committee has been constituted to conduct enquiry into the allegations against the appellant. It is also admitted that in contemplation of disciplinary proceedings, the appellant was placed under suspension. In such circumstances, this Court is unable to interfere with the order of learned Single Judge, dismissing the writ petition. 4.

In view of the above, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Page 2/4

5.

Learned counsel for the appellant requests that the petitioner's representation, atleast for review of the order of suspension, may be considered by the respondents.

6.

Accepting the said submissions, this Court, without going into the merits of the appellant's representation, directs the respondents to consider the representation of the appellant, if submitted, for revision or review of the order of suspension, without expressing any opinion on merits.

[S.S.S.R.,J] [S.S.Y.,J.] 08.07.2022 Index :Yes/No Internet :Yes/No sj To 1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.

3.The District Social Welfare Officer, Virudhunagar District.

4.The Tahsildar, Anakottam, Virudhunagar District.

Page 3/4

S.S.SUNDAR,J.

and S.SRIMATHY,J.

sj 08.07.2022 Page 4/4