N.R.Murugan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.17971 of 2023 N.R.Murugan ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai District, Sivagangai.
3.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai 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 of the impugned order of the second respondent's proceedings in ROC.A2/2769/2023, dated 02.05.2023 and quash the same and consequently 1/5
direct the second respondent to reinstate the petitioner in the post of Village Administrative Officer forthwith.
For Petitioner : Mr.S.Alagarsamy For Respondents : Mr.R.Suresh Kumar Additional Government Pleader
ORDER
The present writ petition has been filed challenging the order of suspension.
2. The writ petitioner is a Village Administrative Officer and he was issued with a charge memo, dated 30.03.2023, which was served upon him on 28.04.2023.
3. According to the learned Counsel appearing for the writ petitioner, he was not granted enough time to submit his explanation before passing an order of suspension. Hence, he has challenged the said order of suspension. 2/5
4. Per contra, the learned Additional Government Pleader appearing for the respondents had contended that after issuance of charge memo, in contemplation of enquiry, the petitioner has been placed under suspension as contemplated under Rule 17 (e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. He further contends that the Special Tahsildar, Kalaiyar Kovil has been appointed as the enquiry officer and he has completed 80% of the enquiry and the report is expected in a few weeks.
5. Considering the fact that the petitioner has been suspended in contemplation of an enquiry and already a charge memo has been issued and the petitioner has also participated in the enquiry, this Court is of the considered opinion that a direction to the enquiry officer to complete the enquiry and to submit a report would be suffice.
6. In view of the above said deliberations, the Special Tahsildar, Kalaiyar Kovil is directed to expeditiously complete the departmental enquiry and submit the enquiry report to the second respondent herein on or before 15.11.2023.
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7. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
04.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Issue order copy on 06.10.2023.
To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai District, Sivagangai.
3.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.
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R.VIJAYAKUMAR, J.
BTR 04.10.2023 5/5