Madras High Court
M.Shanthi vs The Principal Secretary To ... on 13 December, 2021
W.P(MD)No.21264 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.21264 of 2021
M.Shanthi ... Petitioner
versus
1. The Principal Secretary to Government,
Social Welfare and NMP Department,
Secretariat,
Chennai – 600 009.
2. The Superintendent, Admn III Sec.
Commissionerate of Social Welfare,
Chennai – 600 015.
3. The District Social Welfare Officer,
District Social Welfare Office,
Virudhunagar District.
4. The Block Development Officer,
Rajapalayam Panchayat Union,
Virudhunagar District.
1/8
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W.P(MD)No.21264 of 2021
5. Commissionerate of Social Welfare,
No.1, Panagal Maligai Building 2nd Floor,
Near Kalaignar Arch, Jeenis Road,
Saidapet, Chennai. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorarified Mandamus, to call for
the records in connection with the order of dismissal passed by the fifth
respondent in his proceedings No.31917/Admn 5-1/2016 dated
31.07.2019 and quash the same as illegal and further direct the
respondents to consider the petitioner's application dated 12.10.2021
and reinstate her with pay, all other monetary and service benefits.
For Petitioner : Mr.K.S.Durai Pandian
For R1 to R3 : Mr.S.Shaji Bino,
Special Government Pleader
For R4 and R5 : Mr.V.Nirmal Kumar,
Government Advocate
ORDER
This writ petition is filed as against the order dated 31.07.2019,
in and by which, the fifth respondent dismissed the petitioner from
service.
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W.P(MD)No.21264 of 2021
2. The petitioner was appointed as Palvaadi Teacher at Puttur
Nursery School in the year 1982. Thereafter, she was promoted as
Rural Welfare Officer in the year 2016. While so, she was placed
under suspension on the ground that she is involved in a criminal case
in Cr.No.649 of 2016 for the offence punishable under Sections 302,
120(b), 201, r/w. 34 of IPC. In the said case, a final report was filed
and the same was tried by the learned Principal District and Sessions
Judge, Virudhunagar at Srivilliputhur, in S.C.No.2 of 2017. After the
trial, the petitioner was convicted and sentenced by the trial Court, vide
order dated 25.09.2018, based upon which, the fifth respondent, vide
order dated 31.07.2019, dismissed the petitioner from service.
Challenging the order of conviction and sentence, the petitioner filed
an appeal before this Court in Crl.A.(MD)No.500 of 2018. This
Court, vide Judgement dated 22.09.2021, set aside the order of
conviction and sentence. After the order of acquittal, the petitioner
made a representation on 12.10.2021, requesting the respondents to
reinstate her into service. As there was no response from the
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W.P(MD)No.21264 of 2021
respondents, the petitioner has filed the present writ petition.
3. The learned counsel appearing for the petitioner submits that
without conducting any departmental proceedings, the petitioner was
dismissed from service on the ground that she has involved in a
criminal case. Now, the order of conviction and sentence imposed by
the trial Court was set aside by the appellate Court. Hence, he requests
for setting aside the impugned order of dismissal.
4. Mr.S.Shaji Bino, learned Special Government Pleader submits
that since the petitioner was involved in serious offence of 302 IPC and
the trial Court has also found the petitioner guilty, she was dismissed
from service as per Rule 17(c) of Tamil Nadu Civil Services
(Discipline and Appeal) Rules.
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W.P(MD)No.21264 of 2021
5. This Court paid its anxious consideration to the rival
submissions made.
6. Admittedly, the petitioner, while in service, was added as an
accused in Cr.No.649 of 2016. On completion of the investigation,
final report was filed and the same was tried by the learned Principal
District and Sessions Judge, Virudhunagar at Srivilliputhur in S.C.No.2
of 2017. After the trial, the Court of Sessions, vide order dated
25.09.2018, convicted and sentenced the petitioner for the alleged
offences. Challenging the same, the petitioner preferred an appeal
before this Court in Crl.A.No.500 of 2018 and the appeal was also
allowed by this Court vide Judgment dated 22.09.2021 by setting aside
the order of conviction and sentence passed by the trial Court in
S.C.No.2 of 2017. The fact remains that the entire case was based on
circumstantial evidence and the order of conviction and sentence
passed by the trial was also set aside by this Court in Crl.A.(MD)No.
500 of 2018, vide order dated 22.09.2021.
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W.P(MD)No.21264 of 2021
7. In view of the above, the impugned order of dismissal dated
31.07.2019 passed by the fifth respondent under Rule 17(c) of Tamil
Nadu Civil Services (Discipline and Appeal) Rules is set aside and the
matter is remitted back to the concerned authority to reconsider the
case of the petitioner, in the light of the Judgment passed by the
Appellate Court in Crl.A.(MD)No.500 of 2018, dated 22.09.2021 and
pass appropriate orders within a period of twelve weeks from the date
of receipt of a copy of this order.
8. Accordingly, the writ petition is allowed. No costs.
13.12.2021
Index : Yes / No.
Internet: Yes / No.
ogy
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W.P(MD)No.21264 of 2021
To
1. The Principal Secretary to Government,
Social Welfare and NMP Department,
Secretariat,
Chennai – 600 009.
2. The Superintendent, Admn III Sec.
Commissionerate of Social Welfare,
Chennai – 600 015.
3. The District Social Welfare Officer,
District Social Welfare Office,
Virudhunagar District.
4. The Block Development Officer,
Rajapalayam Panchayat Union,
Virudhunagar District.
5. Commissionerate of Social Welfare,
No.1, Panagal Maligai Building 2nd Floor,
Near Kalaignar Arch, Jeenis Road,
Saidapet, Chennai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21264 of 2021
B.PUGALENDHI, J.
ogy
W.P(MD)No.21264 of 2021
13.12.2021
https://www.mhc.tn.gov.in/judis
