Madras High Court
A.Manimegalai vs The Revenue Divisional Officer on 10 June, 2021
W.A.(MD)No.427 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.427 of 2020
A.Manimegalai,
Village Administrative Officer (Under Suspension),
Keeranur Village, Melur Taluk,
Madurai District. : Appellant / Petitioner
Vs.
The Revenue Divisional Officer,
Melur Taluk,
(Stationed at Othakadai),
Madurai District. : Respondent / Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 18.10.2019 in W.P.(MD).No.22035 of
2019 and allow the Writ Appeal.
For Appellant : Mr.G.Thalaimutharasu
For Respondent : Mr.R.Baskaran,
Standing Counsel for Government
https://www.mhc.tn.gov.in/judis/
1/4
W.A.(MD)No.427 of 2020
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
The writ petitioner is the appellant before us challenging the
correctness of the order passed in W.P.(MD).No.22035 of 2019, dated
18.10.2019, by which, the petitioner's prayer to review the order of
suspension based on the decision of the Hon'ble Supreme Court in the
case of Ajay Kumar Choudhary Vs. Union of India (UoI) and others
reported in 2015 (3) CTC 119, was rejected.
2. We have heard Mr.G.Thalaimutharasu, learned counsel
appearing for the appellant and Mr.R.Baskaran, learned Government
counsel appearing for the respondent.
3. The appellant was apprehended in a trap case, while
demanding and receiving illegal gratification of a sum of Rs.5,000/-
(Rupees Five Thousand only) for issuance of patta. A criminal case has
been registered under the provisions of the Prevention of Corruption Act,
1988 and the case is pending, Departmental charge memo has been
served on 20.12.2009 and explanation has been submitted by the
appellant.
4. It is not that in all the cases the employer can be compelled to
review the
https://www.mhc.tn.gov.in/judis/ order of suspension. In fact, the Government of Tamil Nadu
W.A.(MD)No.427 of 2020
has issued certain guidelines by taking note of the observations made by
the Hon'ble Supreme Court in Ajay Kumar Choudhary's case (Cited
supra), wherein, exceptions have been drawn in respect of the cases
involved in the corruption and vigilance cases. The employer should be
given certain latitude to take decision in the matter and the employer
cannot be compelled to review the order of suspension. Therefore, we
find no grounds to interfere with the impugned order.
5. Accordingly, the Writ Appeal stands dismissed. However,
liberty is granted to the petitioner to make a fresh representation after a
period of three (03) months from today (10.06.2021). There shall be no
order as to costs.
[T.S.S., J.] & [S.A.I., J.]
10.06.2021
Index : Yes / No
Internet : Yes / No
tsg/ps
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
The Revenue Divisional Officer,
Melur Taluk,
(Stationed at Othakadai),
Madurai District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.427 of 2020
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
tsg/ps
JUDGMENT MADE IN
W.A.(MD)No.427 of 2020
Dated :
10.06.2021
https://www.mhc.tn.gov.in/judis/
