Madras High Court
L.Elangovan vs The Director on 28 April, 2022
W.P.Nos.13891 and 27778 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.Nos.13891 and 27778 of 2021
and
W.M.P.Nos.14763 and 29347 of 2021
W.P.No.13891 of 2021:
L.Elangovan ... Petitioner
vs.
1.The Director
Rural Development and Panchayat Raj,
Panagal Building,
Chennai – 600 015.
2.The Additional Chief Secretary
Rural Development and Panchayat Raj (E2) Department,
Secretariat/Fort St.George,
Chennai – 600 009.
3.The Director General
Rural Development and Panchayat Raj,
Panagal Building,
Chennai – 600 0015.
1/10
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W.P.Nos.13891 and 27778 of 2021
4.The Commissioner
Rural Development and Panchayat Raj,
Panagal Building,
Chennai – 600 015.
5.The District Collector
Krishnagiri District.
Krishnagiri – 635 002.
6.The Deputy Superintendent of Police
Vigilance and Anti-Corruption Department,
Krishnagiri,
Krishnagiri District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus, calling for the
records pertaining Order of the 2nd Respondent proceedings Memo
No.G.O.(2D) No.02, dated 18.01.2021 and quash the same as illegal
improper, incompetent, and ultra-virus and consequentially direct the 2nd
Respondent herein to reinstate the Petitioner in the post of District Planning
Officer, District Planning Cell, Krishnagiri District with all back wages.
W.P.No.27778 of 2021:
J.Ramamoorthy ... Petitioner
vs.
1.The Director
Rural Development and Panchayat Raj,
Panagal Building,
Chennai – 600 015.
2.The Additional Chief Secretary
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W.P.Nos.13891 and 27778 of 2021
Rural Development and Panchayat Raj (E2) Department,
Secretariat/Fort St.George,
Chennai – 600 009.
3.The Commissioner
Rural Development and Panchayat Raj,
Panagal Building,
Chennai – 600 015.
4.The District Collector
Krishnagiri District.
Krishnagiri – 635 002.
5.The Deputy Superintendent of Police
Vigilance and Anti-Corruption Department,
Krishnagiri,
Krishnagiri District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus, calling for the
records pertaining Order of the 2nd Respondent proceedings Memo
No.G.O.(2D) No.05, dated 18.01.2021 and quash the same as illegal
improper, incompetent, and ultra-virus and consequentially direct the 2nd
Respondent herein to reinstate the Petitioner in the post of Overseer Mathur
Panchayat Union, Krishnagiri District with all back wages.
For Petitioner : Mr.C.Palanisamy (in both WPs)
For Respondents : Mrs.S.Anitha
Special Government Pleader (in both WPs)
COMMON ORDER
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W.P.Nos.13891 and 27778 of 2021
These writ petitions have been filed seeking to issue a Writ of
Certiorarified Mandamus, calling for the records pertaining to the order of the
2nd respondent in proceedings Memo No.G.O.(2D) Nos.02 and 05, dated
18.01.2021 respectively and to quash the same as illegal improper,
incompetent, and ultra-virus and consequently, to direct the 2nd respondent
herein to reinstate the petitioners in the post of District Planning Officer,
District Planning Cell, Krishnagiri District and Overseer Mathur Panchayat
Union, Krishnagiri District respectively, with all back wages.
2. According to the petitioners, the petitioners were placed under
suspension by the 2nd respondent by the proceedings in Memo No.G.O.(2D)
Nos.02 and 05, dated 18.01.2021 respectively for the regular case has been
registered as against them to grave charges into a criminal conspiracy with
fraudulent and dishonest intention to defraud the funds of Government in
implementing Indra Awas Yojana Scheme in Nadupatti Panchayat of
Krishnagiri District.
3. The learned counsel appearing for the petitioners submitted that for
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W.P.Nos.13891 and 27778 of 2021
the alleged offence of defraud the funds of the Government committed during
the year 2017, a case has been registered by the Deputy Superintendent of
Police, Vigilance and Anti-Corruption Department, Krishnagiri District in FIR
No.6/AC/2017 under Section 120B, 409, 465, 466, 468, 474, 477A IPC and
Section 13(2) r/w 13(1)(C) and Section 13(1)(d) of the Prevention of
Corruption Act, 1988. So far, there is no charge sheet has been filed before
the concerned jurisdictional Criminal Court. Hence, the petitioners have filed
the instant writ petitions before this Court for quashing the said impugned
suspension orders.
4. The learned counsel appearing for the petitioners also agree that the
petitioners would make a fresh representation to the 2 nd respondent along with
this order copy for revocation of the impugned suspension order.
5. The learned Special Government Pleader appearing for the
respondents would submit that if any such representation being made by the
petitioners, the same would be considered by the authority concerned in the
light of the decision rendered by the Hon'ble Full Bench of this Court in
P.Kannan vs. The Commissioner for Municipal Administration and Others
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W.P.Nos.13891 and 27778 of 2021
(W.P.Nos.2165 of 2015 and 21628 of 2018 dated 15.03.2022) and pass
appropriate orders.
6. In a similar writ petition in W.P.No.12921 of 2021, dated
13.04.2022, this Court at Paragraph No.7 has passed the following order:-
“7. 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:
(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.
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W.P.Nos.13891 and 27778 of 2021
(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 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.”
7. Therefore, considering the gravity of the offence committed by the
petitioners and also in the light of the above decision of the Hon'ble Full
Bench of this Court, this Court is inclined to pass orders as follows:-
(i) The petitioners are directed to make a fresh representation to the 2 nd
respondent along with this order copy, within a period of two weeks
from the date of receipt of a copy of this order.
(ii) If any such representation is made, the 2nd respondent is directed to
consider and pass appropriate orders on merits and in accordance
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W.P.Nos.13891 and 27778 of 2021
with law and in the light the decision rendered by the Hon'ble Full
Bench of this Court in P.Kannan vs. The Commissioner for
Municipal Administration and Others (W.P.Nos.2165 of 2015 and
21628 of 2018 dated 15.03.2022), as early as possible.
8. With the above directions, the writ petitions are disposed of.
Consequently, the connected miscellaneous petitions are closed. No closed.
28.04.2022
Index : Yes / No
Internet : Yes / No
dm
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W.P.Nos.13891 and 27778 of 2021
To
1.The Director
Rural Development and Panchayat Raj,
Panagal Building,
Chennai – 600 015.
2.The Additional Chief Secretary
Rural Development and Panchayat Raj (E2) Department,
Secretariat/Fort St.George,
Chennai – 600 009.
3.The Director General
Rural Development and Panchayat Raj,
Panagal Building,
Chennai – 600 0015.
4.The Commissioner
Rural Development and Panchayat Raj,
Panagal Building,
Chennai – 600 015.
5.The District Collector
Krishnagiri District.
Krishnagiri – 635 002.
6.The Deputy Superintendent of Police
Vigilance and Anti-Corruption Department,
Krishnagiri,
Krishnagiri District.
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W.P.Nos.13891 and 27778 of 2021
D.KRISHNAKUMAR. J
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W.P.Nos.13891 and 27778 of 2021
28.04.2022
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