Madras High Court
M.Angala Eswari vs The District Collector on 23 September, 2021
WP(MD) No.16248 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P(MD) No.16248 of 2021
M.Angala Eswari ... Petitioner
Vs.
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Personnel Assistant (Development)
to the Collector of Sivagangai District,
Sivagangai.
3.The Block Development Officer
(Village Panchayat)
Sivagangai Union,
Sivagangai. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for
the issuance of a Writ of Certiorari, calling for the records of the second
respondent i.e., the Personal Assistant (Development) to Collector,
Sivagangai relating to his R.C.Q1/13983/2017-3 dated 15.07.2017 and
quash the same and consequently direct the respondents to reinstate the
petitioner into service forthwith as was done in the Collector's proceedings
Roc.Q1/13983/2017 dated 01.04.2021 in respect of similar case and four
1/8
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WP(MD) No.16248 of 2021
other Panchayat Assistants of the same Padamathur Panchayat as per the
directions of this Hon'ble Court in W.P.(MD)Nos.9121, 9125, 9126 & 9131
of 2021 dated 02.06.2021.
For Petitioner : Mr.S.Visvalingam
For Respondents : Mr.A.K.Manikkam,
Standing Counsel for State.
ORDER
This Writ Petition has been filed challenging the impugned order
dated 15.07.2017, passed by the second respondent and for a consequential
direction to the respondents to reinstate the petitioner into service forthwith
as was done in the Collector's proceedings in Roc.Q1/13983/2017 dated
01.04.2021 in respect of similar case and four other Panchayat Assistants of
the same Padamathur Panchayat as per the directions of this Hon'ble Court
in W.P.(MD)Nos.9121, 9125, 9126 & 9131 of 2021 dated 02.06.2021.
2. The petitioner was working as Panchayat Secretary in Padamathur
Panchayat. The petitioner misappropriated the funds to the tune of
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WP(MD) No.16248 of 2021
Rs.49,67,084/- by creating forged documents and for which, a case in Crime
No.553 of 2017 was registered on the file of Sivagangai Town Police
Station, for the offences under Sections 406, 409, 420, 120(b) I.P.C. read
with 34 I.P.C. The petitioner was arrested and thereafter, he was placed
under suspension on 15.07.2017. Challenging the same, the petitioner has
filed this Writ Petition.
3. The learned counsel appearing for the petitioner relied upon the
decision of the Division Bench of this Court in W.A.(MD)No.98 of 2020
[The Principal Secretary/Commissioner of Commercial Taxes Vs.
Tmt.T.Gowri]. The learned counsel for the petitioner has also relied upon
the order passed by this Court in W.P.(MD)No.9121 of 2021, wherein, the
learned Single Judge relied on the decision of the Hon'ble Supreme Court in
Ajay Kumar Choudhary Vs. Union of India reported in (2015) 7 SCC 291
has set aside the impugned order and directed the respondent to reinstate the
petitioner forthwith back into service. Therefore, on the similar line, the
present Writ Petition has to be allowed.
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WP(MD) No.16248 of 2021
4. The learned Standing Counsel for State appearing for the
respondents submitted that one Muthupandi, who has been arrayed as A1 in
the aforesaid criminal case in Crime No.553 of 2017, has filed a Writ
Petition and this Court by order dated 02.09.2021, dismissed the said writ
petition. Therefore, following the said order, the present Writ Petition is
also to be dismissed.
5. I have anxiously considered the rival submissions and also perused
the materials on record carefully.
6. On a perusal of the records, it is seen that the petitioner was
suspended from service on 15.07.2017 and no disciplinary proceedings has
been initiated against the petitioner by the respondents. The learned counsel
for the petitioner relied on a decision of the Division Bench of this Court in
W.A.(MD)No.98 of 2020 [The Principal Secretary/Commissioner of
Commercial Taxes Vs. Tmt.T.Gowri], wherein the gravity of the offence has
not been discussed and therefore, the said facts of the case would not apply
to the present case on hand. The Hon'ble Division Bench of this Court by
Judgment dated 02.09.2020 in W.A.No.599 of 2020 [Tamil Nadu
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WP(MD) No.16248 of 2021
Generation & Distribution Corporation Limited and others VS.
A.Srinivasan], has dealt with an identical issue and disposed of the writ
appeal by referring to the decision of the Hon'ble Apex Court in the case of
Ajay Kumar Choudhary (cited supra) and Government of NCT of Delhi
Vs. Dr.Rishi Anand [2017 SCC online Del 10506]. The relevant portion of
the said judgment is extracted hereunder:
“11. Upon considering the law laid down in the
judgments that have been discussed herein above, it is clear
that there is no absolute rule in respect of the validity of
suspension orders from the perspective of duration especially
when such suspension is in the context of a pending criminal
proceeding. In other words, in these situations, the law on
suspension as laid down in paragraph 11 of R.P. Kapur v.
Union of India, AIR 1964 SC 787, by a Five Judge Bench
upholding suspension pending enquiry subject to payment of
subsistence allowance as per service conditions and that in
Union of India v. Ashok Kumar Aggarwal (2013) 16 SCC 147,
wherein it was held that the court does not sit in appeal and
that such orders would be interfered with only if the charges are
patently baseless, mala fide or vindictive would continue to
hold the field. In this case, as stated earlier, there is a pending
criminal proceeding, wherein the Respondent is being
prosecuted for corruption. In these circumstances, the decision
of the learned single Judge to direct the Chief Judicial
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WP(MD) No.16248 of 2021
Magistrate to conclude the proceeding within four months is
justified and does not warrant interference. On the other hand,
especially in light of the above direction, the revocation of the
suspension on the ground that it is prolonged is clearly
unsustainable. The consequential direction to post the
Respondent in a non-sensitive post is also not sustainable
especially in view of the fact that the Respondent is an Assistant
Engineer and it is difficult to find a post that may be termed
non-sensitive in that cadre. Therefore, we allow the appeal in
part insofar as it directs the Appellants to revoke the suspension
and to post the Respondent in a non-sensitive post. On the
other hand, we affirm the impugned order to the extent that the
Chief Judicial Magistrate, Thiruvannamalai, has been directed
to conclude the criminal proceedings within a period of four
months, albeit with the qualification that the said period shall
run from the date of receipt of a copy of the judgment in this
appeal.
12.The writ appeal is accordingly disposed of on the
above terms. Consequently, the connected miscellaneous
petition is closed. No costs.”
In the light of the above cited decision, this Court is not inclined to quash
the impugned order.
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WP(MD) No.16248 of 2021
7. In fine, this Writ Petition fails and the same is dismissed. No costs.
Insofar as the pendency of the criminal case in Crime No.553 of 2017 is
concerned, the learned Judicial Magistrate is directed to dispose of the case
at the earliest. This order will not stand in the way to the petitioner to
approach the authority concerned, seeking to revoke the order of suspension
due to change of any circumstances.
23.09.2021
Index : Yes/No
Internet : Yes /No
vsm
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, Sivagangai.
2.The Personnel Assistant (Development)
to the Collector of Sivagangai District,
Sivagangai.
3.The Block Development Officer
(Village Panchayat)
Sivagangai Union, Sivagangai.
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WP(MD) No.16248 of 2021
D.KRISHNAKUMAR, J.
vsm
W.P(MD) No.16248 of 2021
23.09.2021
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