Madras High Court
R. Sridevi vs The District Collector on 1 April, 2022
W.P.No.28438 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.28438 of 2021
R. Sridevi ... Petitioner
vs.
1. The District Collector,
Villupuram District,
Villupuram.
2. The Additional Director,
Survey & Land Records,
Chennai – 600 005.
3. The Regional Deputy Director,
Survey & Land Records,
Chennai – 600 005.
4. The Assistant Director,
Survey & Land Records,
Villupuram,
Villupuram District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, directing the 4th respondent, the
Assistant Director, Survey and Land Records, Villupuram, to consider and
pass orders on the petitioner's representation, dated 03.12.2021 in the light of
the order passed by the Hon'ble Supreme Court of India in Ajay Kumar
Chaudri V. Union of India reported in 2015 (2) SCALES 432, to revoke the
suspension order, dated 20.09.2021, having reference Na.Ka.A2/5509/2021
1/6
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W.P.No.28438 of 2021
on the file of the 4th respondent, the Assistant Director, Survey and Land
Records, Villupuram.
For Petitioner : Mr.E.P.Senniyangiri
For Respondents : Mr.Haja Nazirudeen
Additional Advocate General
Assisted by
Mrs.S.Anitha
Special Government Pleader
ORDER
This writ petition has been filed seeking to issue a Writ of Mandamus,
directing the 4th respondent, the Assistant Director, Survey and Land Records,
Villupuram, to consider and pass orders on the petitioner's representation,
dated 03.12.2021 in the light of the order passed by the Hon'ble Supreme
Court of India in Ajay Kumar Chaudri vs. Union of India reported in 2015
(2) scales 432, to revoke the suspension order, dated 20.09.2021, having
reference Na.Ka.A2/5509/2021 on the file of the 4th respondent, the Assistant
Director, Survey and Land Records, Villupuram.
2. According to the petitioner, she was placed under suspension for the
involvement of the criminal case in Crime No.11/2020/AC/VPM under
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W.P.No.28438 of 2021
Sections 7 and 12 of the Prevention of Corruption Act, 1988 as amended in
the Prevention of Corruption (Amendment) Act, 2018 by the Assistant
Director, Survey and Land Records, Villupuram District/the 4th respondent
herein by the proceedings in Na.Ka.No.A2/5509/2021 dated 20.09.2021.
According to the petitioner, the said criminal case is still pending in FIR
stage and no charge sheet has been filed against her. Therefore, the petitioner
has made a representation dated 03.12.2021 to the respondents for revocation
of the impugned suspension order. But so far, no such order has been passed.
Hence, she has filed the present writ petition before this Court.
3. The learned Additional Advocate General appearing for the
respondents would submit that the petitioner has relyed upon the decision
rendered by the Hon'ble Supreme Court of India in Ajay Kumar Chaudri V.
Union of India reported in 2015 (2) scales 432, for revocation of the
impugned suspension order pending against her. The said decision was
considered by the Hon'ble Full Bench of this Court in the case of P.Kannan
vs. The Commissioner for Municipal Administration, Chennai
(W.P.Nos.2165 of 2015 and 21628 of 2018 dated 15.03.2022). Therefore, the
said representation of the petitioner dated 03.12.2021 would be considered
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W.P.No.28438 of 2021
by the concerned authority, by taking note of the aforesaid judgment of the
Full Bench of this Court and the appropriate orders would be passed.
4. Heard both sides and perused the materials available on record.
5. The relevant portion of the judgment passed by the Hon'ble Full
Bench of this Court in P.Kannan vs. The Commissioner for Municipal
Administration, Chennai (W.P.Nos.2165 of 2015 and 21628 of 2018 dated
15.03.2022), is extracted as follows:-
(i) The judgment of the Apex Court in the case of Ajay
Kumar Choudhary, supra, does not lay down absolute
proposition of law that an order of suspension cannot be
continued beyond the period of three months if the
memorandum of charges / charge-sheet has not been served
within three months, or if memorandum of charges/charge
-sheet is served without reasoned order of extension.
(ii) The judgment in R.Balaji, supra, has no reference to
the earlier judgments of co-equal strength and is thereby
rendered per incuriam.
(iii) The issue of challenge to the order of suspension
should be analyzed on the facts of each case, considering the
gravity of the charges and the rules applicable.
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W.P.No.28438 of 2021
(iv) Revocation of suspension with a direction to the
employer to post the delinquent in a non-sensitive post cannot
be endorsed or directed as a matter of course. It has to be based
on the facts of each case and after noticing the reason for the
delay in serving the memorandum of charges/charge-sheet.
6. In the light of the above said judgment of the Hon'ble Full Bench of
this Court, this Court is inclined to direct the 4th respondent to consider the
petitioner's representation dated 03.12.2021 and pass appropriate orders on
its own merits in accordance with law, by taking note of the above said
judgment of the Hon'ble Full Bench of this Court, within a period of eight
weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition stands disposed of. No
costs.
01.04.2022
Index : Yes / No
Internet : Yes / No
dm
https://www.mhc.tn.gov.in/judis
W.P.No.28438 of 2021
D.KRISHNAKUMAR. J
dm
To
1. The District Collector,
Villupuram District,
Villupuram.
2. The Additional Director,
Survey & Land Records,
Chennai – 600 005.
3. The Regional Deputy Director,
Survey & Land Records,
Chennai – 600 005.
4. The Assistant Director,
Survey & Land Records,
Villupuram,
Villupuram District.
W.P.No.28438 of 2021
01.04.2022
https://www.mhc.tn.gov.in/judis
