K.Sangayya Math vs The Registrar
2021 Latest Caselaw 13365 Mad

                                                                                 W.P.No 13884 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED: 06.07.2021
                                                         CORAM:
                                    THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
                                                 W.P. No. 13884 of 2021
                                      and W.M.P. Nos.14749, 14750 & 14753 of 2021

                K.Sangayya Math                                                          .. Petitioner

                                                           Versus

                1.The Registrar,
                  Dakshina Bharat Hindi Prachar Sabha,
                  Post Graduate and Research Institution,
                  No.15-22C, Melony Road, Parthasarathypuram,
                  T.Nagar, Chennai – 600 017.

                2.The Secretary,
                  Dakshina Bharat Hindi Prachar Sabha,
                  Door No. 6-2-959,
                  Khairatabad,
                  Hyderabad, Telengana.                                              .. Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records of the first respondent relating to the impugned order of suspension vide Letter No.PG/318/2020-2021 dated 25.01.2021, quash the same as illegal, arbitrary and unconstitutional.

                                    For Petitioner          : Mr. C.V.Shailandhran
                                    For Respondents         : No appearance




https://www.mhc.tn.gov.in/judis/

                                                                               W.P.No 13884 of 2021

                                                    O RD E R

This writ petition is filed to quash the impugned order of suspension

passed by the first respondent vide Letter No.PG/318/2020-2021 dated

25.01.2021, as illegal, arbitrary and unconstitutional.

2. The petitioner is working as a Principal in Dakshina Bharat Hindi

Prachar Sabha, Thyagaraya Nagar, Chennai. By the impugned order, the first

respondent placed the petitioner under suspension in contemplation of

disciplinary proceeding that was proposed by the second respondent for certain

irregularities alleged to have been committed by the petitioner while he was in

service at Hyderabad. The grievance of the petitioner is that the order of

suspension dated 25.01.2021, was without giving any opportunity to the

petitioner and that the prolonged suspension from 25.01.2021, affects his

livelihood. Learned counsel for the petitioner relies upon a judgment of Hon'ble

Supreme Court in the case Ajay Kumar Choudhry Vs. Union of India [2015 (2)

Scale 432].

3. It is admitted that in contemplation of disciplinary proceeding, the

order of suspension was issued to the petitioner. Learned counsel appearing for

the petitioner admitted that charges have been issued as on date. An order of https://www.mhc.tn.gov.in/judis/

W.P.No 13884 of 2021

suspension in contemplation of disciplinary proceeding is the normal / usual

course available to any management in any system or establishment to secure

better administrative control and in the interest of institution. In this case, no

special circumstance is indicated by the petitioner to warrant interference by

this Court. By the impugned order, the petitioner was placed under suspension

with immediate effect in exercise of the power conferred by the Rules

applicable to the employees of first respondent. It is also mentioned in the

impugned order that as per Rule, the petitioner will be paid subsistence

allowance subject to fulfilment of other conditions.

4. This Court has no reason to interfere with the order of suspension and

hence, the writ petition is dismissed. No costs. Consequently, connected

miscellaneous petitions are closed.

5. Learned counsel appearing for the petitioner states that though the

petitioner is entitled to subsistence allowance even as per the impugned order,

the respondents have not disbursed the subsistence allowance for the reasons

best known to them. Learned counsel for the petitioner also refers to the

representation of the petitioner dated 02.03.2021 whereby the petitioner

requested the first respondent to release subsistence allowance as per the rules. https://www.mhc.tn.gov.in/judis/

W.P.No 13884 of 2021

This Court has no reason to disbelieve the statement of petitioner's counsel.

Therefore, the first respondent is directed to consider the representation of the

petitioner dated 02.03.2021 regarding release of subsistence allowance and

disburse the same if he is entitled to it within a period of eight weeks from the

date of receipt of a copy of this order.

06.07.2021 Index:Yes / No Speaking order / Non speaking order

bkn

To

1.The Registrar, Dakshina Bharat Hindi Prachar Sabha, Post Graduate and Research Institution, No.15-22C, Melony Road, Parthasarathypuram, T.Nagar, Chennai – 600 017.

2.The Secretary, Dakshina Bharat Hindi Prachar Sabha, Door No. 6-2-959, Khairatabad, Hyderabad, Telengana.

https://www.mhc.tn.gov.in/judis/

W.P.No 13884 of 2021

S.S.SUNDAR. J.,

bkn

W.P. No. 13884 of 2021

06.07.2021

https://www.mhc.tn.gov.in/judis/