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Madras High CourtWP(MD)/19072/2025allowed

K.Sanjeev Gandhi v. The Additional Chief Secretary

2025-11-11Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and WMP(MD)No.14611 of 2025 K.Sanjeev Gandhi ... Petitioner Vs

1. The Additional Chief Secretary, Commissioner of Revenue Administration, Chepauk, Chennai.

2. The District Collector, Theni District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent in his proceedings in Roc. No. 35100/2021/A5, dated 04.10.2021 and the consequential order passed by the 2nd respondent in Na.Ka.No. 35100/2021/A5 dated 18.05.2023 and quash the same and direct the respondent to reinitiate the petitioner in the non-sensitive post. 1/6

For Petitioner : Mr. V.Panneer Selvam, Advocate.

For Respondents : Mr.F.Deepak Special Government Pleader

ORDER

This Writ Petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent in his proceedings in Roc. No. 35100/2021/A5, dated 04.10.2021 and the consequential order passed by the 2nd respondent in Na.Ka.No. 35100/2021/A5 dated 18.05.2023 and quash the same and direct the respondent to re-initiate the petitioner in the non-sensitive post.

2. The petitioner is working as a Deputy Tahsildar in the Revenue Department and he had been placed under suspension from 04.10.2021 for the allegation that there has been malpractice in the issuance of patta in the name of private individuals. A criminal case has also been registered in that regard and he has also been arrested on 05.05.2022 and thereafter, released on bail. Placing reliance upon the G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022, the 2/6

petitioner had made representations to the respondents to review the order of suspension. An order of rejection came to be passed on 18.05.2023. No review was made by the respondents and the order of suspension was passed four years back thereafter, as envisaged under the aforesaid Government Order. The petitioner also relied upon a judgment of the Hon'ble Single Judge of this Court in WP(MD)No.10125 of 2023 dated 09.10.2025, in respect of a person who has also been alleged of the same delinquency along with the petitioner. Hence he had approached this Court with the present writ petition.

3. Learned Additional Government Pleader would vehemently opposed the claim of the petitioner by contending that the petitioner has involved himself in a heinous offence of squandering the valuable Government property to unjustly enrich himself. Therefore, it will not be proper in the interest of the public or the Government to revoke the order of suspension. He would further submit that the criminal case is yet to be disposed of against the petitioner. Hence he prays this Court to dismiss this writ petition.

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4. I have considered the submissions made by the learned counsel on either side.

5. A perusal of the judgment relied upon by the petitioner made in WP(MD)No.10125 of 2023 dated 09.10.2025, would show that similarly placed persons who was also alleged for the very same delinquency and suspended on 04.10.2021 and whose review was also rejected had been dealt with by the Hon'ble Judge of this Court. The Hon'ble Judge, after analysing various judgments had thereby revoked the suspension and directed the petitioner therein to be placed in the non-sensitive post within a period of eight weeks. This court is of the view that the said judgment squarely applies to the facts of the case.

6. For the aforesaid reasons, the impugned orders passed by the second respondent in his proceedings in Roc. No. 35100/2021/A5, dated 04.10.2021 and the consequential order passed by the second respondent in Na.Ka.No. 35100/2021/A5 dated 18.05.2023 are quashed and the respondents are directed to reinstate the petitioner into service and place 4/6

him in an non-sensitive post, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition stands closed. 11.11.2025 NCC : yes / no Index : yes /no Internet : yes / no pnn To

1. The Additional Chief Secretary, Commissioner of Revenue Administration, Chepauk, Chennai.

2. The District Collector, Theni District.

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K.KUMARESH BABU, J.

pnn

ORDER

IN and WMP(MD)No.14611 of 2025 Date : 11/11/2025 6/6