Madras High Court
M.Raju vs The District Collector on 29 June, 2022
W.P.No.26523 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.26523 of 2021
M.Raju .. Petitioner
vs.
1.The District Collector,
Villupuram District, Villupuram.
2.District Revenue Officer,
Villupuram District, Villupuram.
3.The Revenue Divisional Officer,
Revenue Divisional Office,
Villupuram. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the 3rd respondent
/Revenue Divisional Officer, Villupuram to consider and pass orders on the
petitioner's representation dated 25.10.2021 in the light of the order passed
by the Hon'ble Supreme Court in Ajay Kumar Chaudri v. Union of India
reported in 2015 (2) Scales 432, to revoke the suspension order dated
28.08.2021, having reference A1/2869/2021 on the file of the Revenue
Divisional Officer, Villupuram.
For Petitioner : Mr.E.P.Senniyangiri
For Respondents : Mr.S.Rajesh,
Government Advocate
https://www.mhc.tn.gov.in/judis
1
W.P.No.26523 of 2021
ORDER
The prayer in the writ petition is for a Mandamus directing the 3rd
respondent/Revenue Divisional Officer, Villupuram to consider and pass
orders on the petitioner's representation dated 25.10.2021 in the light of the
order passed by the Hon'ble Supreme Court in Ajay Kumar Chaudri v.
Union of India reported in 2015 (2) Scales 432, to revoke the suspension
order dated 28.08.2021, having reference A1/2869/2021 on the file of the
Revenue Divisional Officer, Villupuram.
2. The case of the petitioner is that while he was serving as Village
Administrative Officer, alleged to have demanded and accepted Rs.20,000/-
illegal gratification on 25.08.2021 and a case in crime No.10/2021 was
registered under Section 7 of the Prevention of Corruption Act, 1988 by the
Directorate of Vigilance and Anti-Corruption and therefore, he was placed
under suspension, vide order of the third respondent dated 28.08.2021.
Challenging the same, the petitioner has filed the present writ petition.
3. The learned counsel for the petitioner submits that the petitioner has
been kept under prolonged suspension and neither any charge sheet has been
filed nor any charge memo was served on the petitioner and in the light of the
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W.P.No.26523 of 2021
decision of the Hon'ble Supreme Court in Ajay Kumar Choudhary v. Union
of India [(2015) 7 SCC 291], he seeks for revocation of the suspension order,
based on his representation dated 25.10.2021.
4. The decision relied on by the petitioner in Ajay Kumar Choudhary
case cannot be accepted on the ground that on a reference made to the two
conflicting judgments rendered by the Division Benches of this Court on a
challenge to the order of suspension, Hon'ble Full Bench of this Court in
W.P.Nos.2165 of 2015 and 21628 of 2018 dated 15.03.2022 [P.Kannan v.
Commissioner of Municipal Administration, Chennai and Others], has
answered as under:
“(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
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W.P.No.26523 of 2021
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.”
5. In the light of the above, this Court directs the third respondent to
consider the petitioner's representation dated 25.10.2021, seeking revocation
of the suspension order, in the light of Full Bench decision of this Court cited
supra and pass appropriate orders on merits and in accordance with law
within a period of twelve weeks from the date of receipt of a copy of this
order.
6. With the above direction, this Writ Petition stands disposed of. No
costs.
29.06.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
https://www.mhc.tn.gov.in/judis
W.P.No.26523 of 2021
1.The District Collector,
Villupuram District, Villupuram.
2.District Revenue Officer,
Villupuram District, Villupuram.
3.The Revenue Divisional Officer,
Revenue Divisional Office,
Villupuram.
D.KRISHNAKUMAR, J.
Jvm
https://www.mhc.tn.gov.in/judis
W.P.No.26523 of 2021
W.P.No.26523 of 2021
29.06.2022
https://www.mhc.tn.gov.in/judis
