V.Ramakrishnan v. The Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2018
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.4944 of 2017 and W.M.P.(MD).Nos.3979 & 3980 of 2017 and WMP(MD)No.8612 of 2017 V.Ramakrishnan
...Petitioner
Vs.
The Executive Officer, Surandai Selection Grade Town Panchayat, Surandai, Tirunelveli District.
...Respondent
PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Na.Ka.No.151/2015/A1 dated 01.04.2016 and quash the same and consequently direct the respondent to reinstate the petitioner back into service in the light of the order passed by this Court in W.A.(MD).No.1467 of 2015 and 1468 of 2015 dated 23.09.2016, the service conditions of town panchayat employees stipulated in Rule 5 of the Tamil Nadu Town Panchayat Establishment (Punishment and Appeal) Rules 1988 and the judgment of Hon'ble Supreme Court of India reported in 2015 (7) SCC 291. For Petitioner : Mr.Balamuralikrishnan For Respondent : Mr.G.Muthukannan
ORDER
Heard the learned counsel on either side.
2.The petitioner in the respondent/Panchayat is working as Heavy Vehicle Driver. He was sponsored by the Employment Exchange. He has been suspended from service on the ground that he was falsely projected himself as physically challenged candidate. Therefore, for the last several months, he was under suspension. The Division Bench of this Court in W.A.(MD).No.1467 & 1468 of 2015 - (S.Periyasamy, Jesu Antony vs. The Executive Officer, Ayakudi Town Panchayat, Tirunelveli District) dated 23.09.2016, directed the employer to revoke the suspension orders. It was, however, observed that the employer would be at liberty to proceed with the departmental proceedings and pass final orders in accordance with law.
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3.Following the said decision, this Court is inclined to direct the respective respondent herein to revoke the order of suspension impugned in this writ petition and consequently reinstate the petitioner in service forthwith. It is, however, made clear that the respondent is at liberty to proceed with the disciplinary proceedings initiated against the petitioner and pass final orders in accordance with law.
4.The writ petition stands allowed, as indicated above. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(P & A) /True copy/ Sub Assistant Registrar To The Executive Officer, Surandai Selection Grade Town Panchayat, Surandai, Tirunelveli District.
+1CC TO M/S.V.KARTHIKEYAN, ADVOCATE, SR NO.53969 ORDER MADE IN W.P.(MD).No.4944 of 2017 08.03.2018 tsg MS/SKN-RSK/SAR-3/13.03.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/