Madras High CourtWP(MD)/17031/2016disposed of

S.Manirajan, v. The District Collector

2016-10-19Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.17031 of 2016 and WMP(MD)No.12350 of 2016 S.Manirajan ... Petitioner -vsThe District Collector, Sivagangai District, Sivagangai.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorari calling for the records relating to the impugned order of the respondent, dated 03.06.2016 in proceedings No.R.C.No.1953/2015/T1 and quash the same.

For Petitioner :

Mr.K.N.Govardhanan For Respondent :

Mr.M.Murugan Government Advocate

O R D E R

This is a writ of Certiorari seeking to quash the impugned order, dated 03.06.2016, by which, the petitioner has been placed under suspension.

2.The circumstances leading to suspension of the petitioner has been stated and it reads as under:- The petitioner had been working as Bill Collector/Junior Assistant of Puduvayal Town Panchayat and later on he was working as Head Clerk at Singampunari Town Panchayat, where he is stated to have involved in serious irregularities and defalcation of property tax amount and in burning of records of Thirupuvanam Town Panchayat.

3.The order of suspension reads that as enquiry into grave charges are in contemplation and pending enquriy, the petitioner has to placed under suspension.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioner would rely upon the Hon'ble Supreme Court in AJAY KUMAR CHOUDHARY v. UNION OF INDIA

THROUGH ITS SECRETARY AND ANR. reported in 2015 (2) SCALE 432, and submitted that the extension of suspension, cannot be automatic and the concerned respondent are expected to pass a detailed order. It is needless to say that the petitioner has been placed under suspension from service until further orders and it is dated 03.06.2016.

5.The learned counsel for the respondent would submit that already charges have been framed against the petitioner herein and the copy of the charges has been placed before the Court. Apart from that, the petitioner is also stated to have involved himself in a case in Crime No.363 of 2015, which is stated to be a fire accident. The confession statement of the co-accused has also been placed before the Court.

6.Under such circumstances, the contention of the learned counsel for the petitioner cannot be accepted. Hence, the writ petition is dismissed as devoid of merits. However, the respondent is directed to complete the enquiry, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/ Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To:

The District Collector, Sivagangai District, Sivagangai.

+1CC to M/S. K.M.Govardhanan,Advocate, SR.No. 62440 W.P(MD) No.17031 of 2016 19.10.2016 rj2 AM/SK SKN/23.11.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/