M.Jayanthi, D/O.V.S.Mani, v. The Commissioner Of Tourism

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.18704 of 2017 and WMP(MD)No.15084 of 2017 M.Jayanthi ... Petitioner Vs.

1. The Commissioner of Tourism, Tamil Nadu Tourism Complex, No.2, Walajah Road, Chennai - 600 002.

2. The Tourist Officer, Thiruvarur Tourist Office, Thiruvarur, Thiruvarur District.

3. The Tourist Officer, Madurai District Tourist Office, West Veli Street, Madurai - 625 001.

... Respondents Prayer : This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned suspension order No.4639/HRD-2/2016 dated 08.09.2017 issued by the first respondent and quash the same as illegal, arbitrary, unreasonable, and contrary to the provisions of the Tamil Nadu Civil Service (Discipline and Appeal) Rules 1955.

For Petitioner : Mr.Y.Krishnan For Respondents : Mr.K.Saravanan, Government Advocate for R1 to R3

O R D E R

The writ petitioner is employed in Tourism Department. Since he got implicated in a criminal case, he was suspended from service by order dated 08.09.2017.

2.The learned counsel appearing for the writ petitioner submits that the said criminal case has been quashed in view of the compromise between the writ petitioner and the defacto complainant by order dated 27.11.2017 in Crl.OP.No.16878 of 2017. Since the suspension of the writ petitioner was pursuant to the implication of the said criminal case and the criminal case now been quashed, the said criminal case is nothing to do with the discharge of the official duty by the writ petitioner. 3.In this view of the matter, continuing to keep the petitioner under suspension is no longer warranted. The first respondent is directed to revoke the order of suspension passed on the writ petitioner forthwith and reinstate the writ petitioner in service. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To,

1. The Commissioner of Tourism, Tamil Nadu Tourism Complex, No.2, Walajah Road, Chennai - 600 002.

2. The Tourist Officer, Thiruvarur Tourist Office, Thiruvarur, Thiruvarur District.

3. The Tourist Officer, Madurai District Tourist Office, West Veli Street, Madurai - 625 001.

+ 1 cc TO Mr.Y.Krishnan , Advocate in SR No. 42382 + 1 cc TO The Special Government Pleader in SR No. 42517 Skm AE/JC/SAR4/01.02.2018/2P/6C W.P(MD)No.18704 of 2017 and WMP(MD)No.15084 of 2017 12.01.2018