Subramanian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.19926 of 2024 and W.M.P(MD)Nos.16882, 16884 & 16885 of 2024 Subramanian ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Tenkasi.

3.The Tahsildar, Tenkasi Taluk Office, Tenkasi District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of suspension in Roc.No.A2/322/2024 dated 13.03.2024 passed by the 3rd respondent and quash the same as illegal and consequently directing the respondents to revoke the suspension order and reinstate the petitioner in the post of Village Assistant in the light of the guidelines issued G.O.Ms.No.81 (Human Resources Development) dated 04.08.2022 within a stipulated period. 1/5

For Petitioner :

Mr.A.Sankararamasubramanian For Respondents :

Mr.S.Shaji Bino Special Government Pleader * * * * *

ORDER

The instant writ petition has been filed by a Village Assistant, challenging the order under which his request for revocation of suspension has been rejected. 2.According to the learned Counsel appearing for the writ petitioner, the co-accused in the criminal case, namely, Ganesan had already filed W.P.(MD)No. 16022 of 2024 and by an order dated 18.07.2024, this Court had directed the authorities to revoke the order of suspension and post him in a non-sensitive post. The petitioner seeks parity on par with the said Ganesan being admittedly involved in same criminal case.

3.A perusal of the impugned order reveals that the petitioner's request for revocation of suspension has been rejected on the ground that the petitioner was trapped and he was arrested on 12.03.2024.

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4.A further perusal of the impugned order reveals that the third respondent has not considered the G.O.Ms.No.81, Human Resources Management (N)Department, dated 04.08.2022, while passing the said order. 5.In view of the above said facts, the order impugned in the writ petition is hereby set aside and the third respondent is directed to re-consider the request of the writ petitioner in the light of the guidelines issued in G.O.Ms.No.81, Human Resources Management (N)Department, dated 04.08.2022, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 03.09.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Tenkasi.

3.The Tahsildar, Tenkasi Taluk Office, Tenkasi District.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.19926 of 2024 and W.M.P(MD)Nos.16882, 16884 & 16885 of 2024 03.09.2024 5/5