Madras High Court
B.Chandrasekar vs The District Collector on 24 June, 2022
W.P.No.16495 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.16495 of 2020
and W.M.P.Nos.20471 of 2020 & 1579 of 2021
B.Chandrasekar .. Petitioner
Vs.
1. The District Collector,
Chennai District.
2. The Director,
Department of Social Welfare &
Nutritious Meal Programme,
Chepauk, Chennai - 600 005.
3. The District SC and ST Welfare Officer,
Chennai - 1. .. Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of
India seeking a Writ of Mandamus, directing the respondents to consider the
representation of the petitioner dated 31.01.2018, on the file of the 3rd
respondent and direct the respondents to remove the deemed suspension as
prolonged and further direct the respondents to reinstate the petitioner with
all consequential monetary and service benefits in view of the Judgment in
Ajaykumar Choudhary Vs. Union of India reported in (2015) 7 SCC 291 and
judgment of this Court in W.P.No.23238 of 2020, dated 06.03.2020.
For Petitioner : Mr.B.Chandrasekar
For Respondent : Mr.T.Chezhiyan
A.G.P.
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W.P.No.16495 of 2020
ORDER
The writ petition has been filed seeking issuance of Writ of
Mandamus, to direct the respondents herein to revoke the petitioner's
suspension order dated 21.12.2015 by considering the petitioner's
representation dated 31.01.2018.
2. According to the petitioner, he was appointed as a Cook under the
third respondent on 01.10.2011 and while in service, on 01.11.2015, a FIR
was slapped on the petitioner for offences under Section 3(1) of TNPPDL
Act, r/w Section 506(ii) of IPC in F.I.R.No.760 of 2015. After filing of the
FIR, the petitioner was arrested and remanded to Judicial Custody. In view
of the criminal case pending against the petitioner he was placed under
suspension from 21.12.2015.
3. The learned counsel appearing for the petitioner submitted that the
petitioner has been falsely implicated in the criminal case and he has not
committed any grave offence as alleged by the respondent. The learned
Counsel for the petitioner would further submit that the petitioner has been
placed under prolonged suspension by the respondent to demoralize the
petitioner and therefore, he seeks for revocation of the order of suspension.
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W.P.No.16495 of 2020
4. The respondents have filed counter. The learned Additional
Government Pleader appearing for the respondent submitted that due to the
pendency of the criminal case, the petitioner has been placed under
suspension and he was paid 50% subsistence allowance till April, 2016 and
steps taken to pay 75% of salary from 01.05.2016.
5. I have considered the aforesaid submission made by the learned
counsel on either side and also perused the records carefully.
6. The petitioner has been placed under prolonged suspension due to
the pendency of the criminal case. In view of the above, it requires for
reconsideration of the revocation of the suspension order, as no further
action has been taken by the department, for initiating disciplinary
proceedings. Therefore, this Court is of the view that as the petitioner is
placed under prolonged suspension, his suspension has to be revoked and
accordingly revoked. The respondents are directed to place the petitioner in
any non-sensitive post as per their choice, within a period of four weeks
from the date of receipt of a copy of this order. The writ petition is disposed
of with the above direction. Consequently, the connected miscellaneous
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W.P.No.16495 of 2020
petitions are closed. No costs.
24.06.2022
Index: Yes / No
kk
To
1. The District Collector,
Chennai District.
2. The Director,
Department of Social Welfare &
Nutritious Meal Programme,
Chepauk, Chennai - 600 005.
3. The District SC and ST Welfare Officer,
Chennai - 1.
https://www.mhc.tn.gov.in/judis
W.P.No.16495 of 2020
D.KRISHNAKUMAR, J.
kk
W.P.No.16495 of 2020 and
W.M.P.Nos.20471 of 2020 & 1579 of 2021
24.06.2022
https://www.mhc.tn.gov.in/judis
