Madras High CourtWP(MD)/19216/2013dismissed

T. Valli v. The Agriculture College And

2019-06-07Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.19216 of 2013 and M.P.(MD)No.1 of 2013 T.Valli ... Petitioner -Vs1. The Agriculture College and Research Institute, Madurai, represented by its Dean, Madruai-625 104.

2. The Agriculture College and Research Institute, Madurai, represented by its Professor and Head, Department of Agronomy, Madurai-625 104.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Suspension Orderbearing No.P&HDA/AC&RI/T.V/MTSP/Suspension / 2013 dated 10.10.2013 and the charge memo bearing No.Pa.Ma.Tha./A/Disciplinary Proceedings/2013, dated 21.10.2013 and to quash the same and consequently, direct the respondents to permit the petitioner to continue the work in the second respondent department.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.A.Thirumurthy

ORDER

The order of suspension dated 10.10.2013 is under challenge in the present Writ Petition.

2.The writ petitioner was reinstated in service and working in the respondent institution. A criminal offence was under investigation / trial against the writ petitioner, during the relevant point of time. Thus, the authorities competent / respondents need not restore the suspension order and the writ petitioner may be allowed to continue in service, till the conclusion of the departmental disciplinary proceedings as well as the criminal case registered against him. It is needless to state that the departmental disciplinary proceedings can be proceeded with, even during the pendency of the criminal case and further actions ought to be initiated based on the final outcome in the criminal case.

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3.This being the principles to be followed, no further directions are issued as the writ petitioner had already been reinstated in service and working. Accordingly, this Writ Petition stands disposed of. No costs.Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Myr +1cc to M/S. S.C.HEROLD SINGH, Advocate, Sr.No.67527 +1cc to M/S.A.THIRUMURTHY, Advocate, Sr.No.67714 +1cc to M/S SPECIAL GOVERNMENT PLEADER, Sr.No67585 W.P(MD)No.19216 of 2013 07.06.2019 BUC(21/06/2019)2P/4C https://hcservices.ecourts.gov.in/hcservices/