Madras High Court
T.Mahalakshmi vs The District Collector on 12 January, 2022
W.P(MD)No.12290 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 12.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.12290 of 2021
T.Mahalakshmi ... Petitioner
Vs
1.The District Collector,
Virudhunagar,
Virudhunagar.
2.The Block Development Officer,
Srivilliputhur,
Virudhunagar District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India for issuance of writ of mandamus, for
a direction to revoke the suspension order passed by the
first respondent in his proceedings in Na.Ka.R3/5925-2017,
dated 24.10.2017 and consequently, direct the first
respondent to reinstate the petitioner in service as Noon
Meal Assistant, as per the judgment of the Hon'ble Supreme
Court in Ajay Kumar Choudhary Vs Union of India, (2015) 7
SCC 291, within a stipulated time fixed by this Court.
For Petitioner : Mr.J.Jeyakumaran
For Respondents : Mr.Ashok,
Additional Government Pleader
1/6
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W.P(MD)No.12290 of 2021
ORDER
This writ petition is filed as against the suspension
order dated 24.10.2017 issued by the respondents.
2.The learned Counsel for the petitioner submits that
the petitioner is working as a Noon Meal Assistant in a
School. While so, alleging the involvement of the
petitioner in a criminal case in Crime No. 647 of 2017 on
the file of the Srivilliputhur Town Police Station,
registered under 'girl missing', she has been placed under
suspension. Though the investigation in criminal case has
been completed and final report has also been filed in
C.C.No.65 of 2021 before the learned Judicial Magistrate
No.II, Srivilliputhur, neither the suspension order has
been revoked nor has it been reviewed.
3.The learned Additional Government Pleader appearing
for the respondents submits that the petitioner is facing
serious charge of abduction of a minor child and based on
the registration of the criminal case, the petitioner has
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12290 of 2021
been placed under suspension. Subsequently, the final
report has been filed before the learned Judicial
Magistrate No.II, Srivilliputhur, arraying the petitioner
as accused No.1, the same was taken on file in C.C.No.65 of
2021 and the case is pending.
4.This Court paid its anxious consideration to the
rival submissions and perused the materials placed on
record.
5.It is seen from the records that the petitioner was
placed under suspension as early as on 24.10.2017 in
pursuance of the registration of the criminal case and the
criminal case is pending. However, the departmental
proceedings initiated against the petitioner was not
proceeded further. It is well settled position of law that
there is no bar for the disciplinary authority to proceed
with the departmental proceedings simultaneously, when the
criminal case is pending.
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W.P(MD)No.12290 of 2021
6.In view of the above, the respondents are directed to
conclude the departmental proceedings initiated against the
petitioner within a period of six months from the date of
receipt of a copy of the order and if the departmental
proceedings are not concluded within the stipulated period,
the respondents shall review of the order of suspension as
per the dictum laid down by the Hon'ble Supreme Court in
Ajay Kumar Choudhary Vs Union of India, (2015) 7 SCC 291.
It is needless to state that the petitioner is entitled for
subsistence allowance during the suspension period.
7.The writ petition is disposed of on the above terms.
No costs. Consequently, connected miscellaneous petition is
closed.
12.01.2022
Index : Yes / No
Internet : Yes / No
dsk
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.
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W.P(MD)No.12290 of 2021
To
1.The District Collector,
Virudhunagar,
Virudhunagar.
2.The Block Development Officer,
Srivilliputhur,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12290 of 2021
B.PUGALENDHI, J.
dsk
W.P(MD)No.12290 of 2021
12.01.2022
https://www.mhc.tn.gov.in/judis
