Aravinth .S v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.12638 and 12639 of 2023 S.Aravinth ... Petitioner Vs.

1.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai.

2.The District Adi Dravidar Welfare Officer, Tirunelveli District, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for records pertaining to the impugned order in Na.Ka.A4/6284/2023, dated 06.03.2023 on the file of the Respondent No.2 and quash the same as illegal.

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For Petitioner : Mr.S.Louis For Respondents : Mr.G.Suriyananth, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner is employed as Cook in the Government Adi Dravidar Welfare Boys Hostel at Kallur, Tirunelveli District. The petitioner was shown as accused in Crime No.73 of 2023 registered on the file of Kadayam Police Station. It appears that the petitioner's friend Mariappan had fallen in love with one Sindhuja. Since there was some opposition from the girl's side, the said Mariappan had gone in person. The said Mariappan is a Police Constable. All the three persons were arrested and remanded to custody. Therefore, the petitioner was rightly suspended from service. The question is whether the suspension should be continued.

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3.It is seen that the co-accused had already been reinstated in service. The petitioner had only accompanied the said Mariappan. He had not done any misconduct pertaining to his official duty. His continued suspension is not warranted. The second respondent is directed to revoke the order of suspension and reinstate the petitioner in service forthwith and without any delay.

4.This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 30.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai.

2.The District Adi Dravidar Welfare Officer, Tirunelveli District, Tirunelveli.

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G.R.SWAMINATHAN, J.

ias 30.06.2023 4/4