Madras High Court
M.Kannan vs The District Collector on 6 July, 2022
W.P.No.13650 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.13650 of 2020
and WMP No.16964, 16966 of 2020
M.Kannan ... Petitioner
Vs.
The District Collector,
Gundu Salai Road, Pennaiyar Road,
Manjakuppam, Cuddalore 607 001. ... Respondent
Prayer: Writ petition filed under Article 226 of the Constitution of
India seeking to issue a Writ of Certiorarified Mandamus, to call for the
records connected with the proceedings issued in A2/24897/2019 dated
31.08.2019-1 passed by the respondent and quash the same and
consequently, direct the respondent to reinstate the petitioner into
service.
For Petitioner : Mr.S.Illamvaludhi
For Respondent : Mr.V.Jeevagiridharan,
Addl. Govt. Pleader
Page 1 of 7
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W.P.No.13650 of 2020
ORDER
This Writ Petition has been filed seeking to issue a
Certiorarified Mandamus, quashing the impugned suspension order
31.08.2019 and consequently, direct the respondent to reinstate the
petitioner into service.
2. The petitioner was working as Tahsildar. A case in Crime
No.10/2019 was registered against him under Prevention of Anti
Corruption Act and consequently, he was suspended from service.
According to the petitioner, he has been falsely implicated in the
criminal case and hence the suspension order may be quashed.
3. The learned counsel appearing for the petitioner submitted
that the respondent has placed the petitioner under prolonged
suspension and till now, no disciplinary proceedings has been initiated
by them. In such circumstances, the suspension order is liable to be
revoked and the respondent may be directed to reinstate the petitioner
into service, pending disposal of the criminal case.
4. The learned Additional Government Pleader strongly objected
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W.P.No.13650 of 2020
for revocation of the suspension order. He further submitted that, in
the criminal case, the petitioner was assigned as A1 and after filing of
charge sheet, the case was numbered as C.C.No.20/2020 on the file of
the Chief Judicial Magistrate cum Special Judge, Cuddalore and the
case is ripe for trial.
5. Though the learned Additional Government Pleader submitted
that the criminal case is ripe for trial, he is not in a position to explain
as to why the respondent has not initiated disciplinary proceedings
against the petitioner. 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
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W.P.No.13650 of 2020
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
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. Therefore, in the light of the above decision and also
considering the facts and circumstances of the case and the gravity of
the charges levelled against the petitioner, this Court is of the view that
there is no merit in the writ petition and the impugned suspension order
does not warrant interference by this court.
7. At this stage, the learned counsel appearing for the petitioner
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W.P.No.13650 of 2020
submitted that, it is suffice to direct the concerned Court to dispose the
case in C.C.No.20/2020, within a stipulated time, as fixed by this court.
He also submitted that the petitioner is ready and willing to co-operate
for speedy disposal of the above criminal case.
8. Inview of the above submission, it is ordered as follows.
i) The learned Chief Magistrate cum Special Judge, Cuddalore is
directed to dispose the C.C.No.20/2020, as early as possible, within a
period of six months from the date of receipt of a copy of this order.
9. With the above directions, the writ petition stands disposed
of. No costs. Consequently, connected writ miscellaneous petition are
closed.
06.07.2022
Index:Yes/No
Internet: yes/no
mst
To
https://www.mhc.tn.gov.in/judis
W.P.No.13650 of 2020
The District Collector,
Gundu Salai Road, Pennaiyar Road,
Manjakuppam, Cuddalore 607 001.
Copy to
The Chief Magistrate cum Special Judge,
Cuddalore
https://www.mhc.tn.gov.in/judis
W.P.No.13650 of 2020
D. KRISHNAKUMAR, J.
mst
W.P.No. 13650 of 2020
06.07.2022
https://www.mhc.tn.gov.in/judis
