Madras High Court
Arulmurugan vs The Registrar on 5 April, 2022
W.P.No.8250 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.8250 of 2022
Arulmurugan ... Petitioner
Vs.
The Registrar, Annamalai University,
Annamalai Nagar, Chidambaram,
Cuddalore District, Tamil Nadu. ... Respondent
Prayer: Writ petition filed under Article 226 of the Constitution of
India seeking to issue a Writ of Mandamus, directing the respondent
herein to revoke the petitioner's suspension order dated 17.06.2021
considering the petitioner representation dated 22.02.2022.
For Petitioner : Mr.P.R.Thiruneelakandan
ORDER
This writ petition has been filed seeking to issue a Writ of
Mandamus, directing the respondent to revoke the petitioner's
suspension order dated 17.06.2021 considering the petitioner
representation dated 22.02.2022.
https://www.mhc.tn.gov.in/judis
W.P.No.8250 of 2022
3. The case of the petitioner in brief:
The petitioner was working as Office Assistant in District Project
Office, ICDS and he was suspended from service on 17.06.2021,
inview of the criminal case registered against him in Crime No.10 of
2020. The respondent conducted departmental proceedings and no
subsistence allowance was paid to him. Thereafter, pursuant to the
order of this Court in W.P.No.14182 of 2021, the respondent paying
subsistence allowance since September 2021. The petitioner made
representations on 22.02.2022 and 22.10.2021 requesting the
respondent to revoke the suspension order. But, the said
representations were not considered till date. Hence, he filed this writ
petition before this Court.
3. At this juncture, it is pertinent to note that the Hon'ble Full
Bench of this Court, has passed order in the case of P.Kannan Vs The
Commissioner for Municipal Administration and Others
(W.P.Nos.2165 of 2015 and 21628 of 2018 dated 15.03.2022),
wherein, it is held as follows:
https://www.mhc.tn.gov.in/judis
W.P.No.8250 of 2022
(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.
(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
https://www.mhc.tn.gov.in/judis
W.P.No.8250 of 2022
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.
4. Therefore, in the light of the above decision of the Hon'ble
Full Bench of this Court this Court directs the respondent to consider
the petitioner's representations dated 22.02.2022 and 22.10.2021 and to
pass orders on its own merits in accordance with law, as expeditiously
as possible, within a period of twelve weeks from the date of receipt of
a copy of this order.
5. With the above direction, the writ petition stands disposed of.
No costs.
05.04.2022
Index:Yes/No
Internet:Yes/No
ata/mst
To
The Registrar, Annamalai University,
Annamalai Nagar, Chidambaram,
Cuddalore District, Tamil Nadu.
https://www.mhc.tn.gov.in/judis
W.P.No.8250 of 2022
D. KRISHNAKUMAR, J.
ata/mst
W.P.No.8250 of 2022
05.04.2022
https://www.mhc.tn.gov.in/judis
