Madras High Court
C.Selvam vs The District Collector on 2 June, 2021
W.P(MD)No.9101 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :02.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.9101 of 2021
C.Selvam ... Petitioner
Vs.
1.The District Collector,
Sivagangai District.
2.The Personal Assistant to District Collector,
Sivagangai District.
3.The Assistant Director of Panchayats,
Sivagangai District.
4.The Block Development Officer,
Manamadurai Panchayat Union,
Sivagangai District. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the
respondents to pass final order in the pending disciplinary proceedings of
the petitioner and reinstate the petitioner with all consequential benefits.
For Petitioner : Mr.S.Vinothkumar
For Respondents : Mr.P.Thillak Kumar,
Standing Counsel for Government
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9101 of 2021
ORDER
Mr.P.Thilak Kumar, learned Standing Counsel for the
Government, accepts notice on behalf of the respondents.
2. By consent, the Writ Petition is taken up for final disposal
at the admission stage itself.
3. This writ petition has been filed by the petitioner seeking
for issuance of a Writ of Mandamus, directing the respondents to pass
final order in the pending disciplinary proceedings of the petitioner and
reinstate the petitioner with all consequential benefits.
4. The case of the petitioner is that he joined as Panchayat
Clerk in Kallakurichi Village Panchayat on 05.02.1996 and he has been
discharging his duties to the utmost satisfaction of the superiors. While
he was working as Panchayat Clerk during the year 2005, he was placed
under suspension on 27.01.2005, for the complaint of monetary loss of
Rs.1,55,224/- to the Manamadurai Panchayat Union. A criminal case has
been initiated against the petitioner and the then President of
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W.P(MD)No.9101 of 2021
Kallakurichi Village Panchayat, for the offences punishable under
Sections 409 and 420 IPC, before the Judicial Magistrate, Manamadurai
in CC No.204 of 2008. After a full-fledged trial, the trial Court acquitted
the petitioner and the then President from all the charges. No appeal has
been preferred against the above said judgment by the departmental
authorities. Thereafter, the petitioner filed a Writ Petition in W.P.(MD)
No.12951 of 2017, seeking the relief of reinstatement into service as
Panchayat Clerk and the same was disposed of with a direction to the
fourth respondent to pass final orders on the pending disciplinary
proceedings, within a period of two months from the date of receipt of a
copy of that order. In earlier, the first respondent issued a charge memo
dated 03.08.2006 to the petitioner and he also submitted his explanation
on 06.09.2006. The then Additional Block Development Officer
(Auditing), Manamadurai Block, namely R.Malathi was appointed as
Enquiry Officer and after conducting enquiry, the Enquiry Officer filed a
report on 19.01.2018 stating that the charges against the petitioner were
not proved. The grievance of the petitioner is that though the report has
been filed by the Enquiry officer, final order in respect of disciplinary
proceedings has not yet been passed by the first respondent, due to
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W.P(MD)No.9101 of 2021
which, reinstatement was not given to the petitioner so far. Therefore, the
petitioner has given detailed representations dated 13.09.2017 and
07.04.2021 to the respondents. Since there was no action has been taken,
the present Writ Petition came to be passed.
5. The learned counsel for the petitioner would state that it
would be suffice, if a direction is issued to the respondents, to dispose of
the representation of the petitioner.
6. The learned standing counsel for the respondents would
state that the representation of the petitioner would be considered within
a reasonable time.
7. Considering the submissions of the learned counsel for
the petitioner as well as the respondents and in the light of the facts and
circumstances of the case, without going into the merits of the case
projected by the petitioner either in his representation or in this Writ
Petition, the respondents are directed to consider the representation of the
petitioner dated 07.04.2021, on merits and in accordance with law and
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W.P(MD)No.9101 of 2021
pass appropriate orders, within a period of four months from the date of
receipt of a copy of this order
8. With the above direction, the Writ Petition is disposed of.
No Costs.
02.06.2021
Index:Yes/No
Internet:Yes/No
vrn
Note:
In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To:
1.The District Collector,
Sivagangai District.
2.The Personal Assistant to District Collector,
Sivagangai District.
3.The Assistant Director of Panchayats,
Sivagangai District.
4.The Block Development Officer,
Manamadurai Panchayat Union,
Sivagangai District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9101 of 2021
J.NISHA BANU, J.
vrn
Order made in
W.P(MD)No.9101 of 2021
02.06.2021
https://www.mhc.tn.gov.in/judis/
