Murugan C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.16484 of 2025 and WMP (MD) No.12527 of 2025 C.Murugan : Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Assistant Director (Town Panchayat), Near EPFO Office, NGO P Colony, Perumalpuram, Palayamkottai, Tirunelveli.

3. The Executive Officer, Mukkudal Town Panchayat, Mukkudal, Tirunelveli District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining to the Charge Memo issued by the 1st respondent vide his proceeding in Na.Ka. No.1858/2025/Pa2 dated 28.04.2025 and the impugned suspension order passed by the 1st respondent vide his proceeding in 1/6

Na.Ka. No.1663/2025/Pa2 dated 28.04.2025 and quash the same as illegal.

For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader for R1 and R2 Mr.B.Saravanan Additional Government Pleader for R3

O R D E R

Challenging the charge memo dated 28.04.2025 as well as the suspension order dated 28.04.2025, issued by the first respondent, the present writ petition has been filed by the petitioner.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner was appointed as a Bill Collector on 09.04.2012 and retired from service upon superannuation on 30.04.2025. The grievance of the petitioner is that the impugned charge memo and 2/6

suspension order, both dated 28.04.2025, were served on him at the verge of his retirement, citing the pendency of a complaint against him before the District Consumer Disputes Redressal Commission, Tirunelveli. He further contends that the issuance of the impugned suspension order is in violation of the Government Order in G.O.(Ms).No.111, Human Resources Management (N) Department, dated 11.10.2021. Aggrieved by the said order, the petitioner has filed the present writ petition.

4. On the other hand, the learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 would submit that the process of appointing an Enquiry Officer to conduct the disciplinary enquiry, pursuant to the charge memo dated 28.04.2025, is currently underway. The learned counsel further submits that, upon the appointment of the Enquiry Officer, the enquiry proceedings will be conducted in accordance with the relevant rules and completed within a reasonable time frame, which may be fixed by this Court.

5. Admittedly, it is not in dispute that the impugned charge memo and suspension order, both dated 28.04.2025, were issued just two days prior to the petitioner's retirement, citing the pendency of a 3/6

complaint before the District Consumer Disputes Redressal Commission, Tirunelveli. However, upon considering the submission made by the learned Additional Government Pleader that the enquiry proceedings are underway, in the interest of justice and to ensure that the issue is adjudicated fairly and without undue delay, this Court is inclined to permit the enquiry proceedings to be conducted and concluded in a timebound manner. Accordingly, this Court directs the respondents to proceed with the disciplinary enquiry and complete the same within a period of three months from the date of receipt of a copy of this order. It is made clear that the enquiry shall be conducted strictly in accordance with law and the petitioner shall be afforded due opportunity to submit his explanation and to participate in the enquiry proceedings.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

19.06.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Assistant Director (Town Panchayat), Near EPFO Office, NGO P Colony, Perumalpuram, Palayamkottai, Tirunelveli.

3. The Executive Officer, Mukkudal Town Panchayat, Mukkudal, Tirunelveli District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.16484 of 2025 19.06.2025 6/6