Madras High Court
D.Vijayalakshmi vs The Commissioner on 23 March, 2022
W.P.No.16876 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.16876 of 2020
and WMP.Nos. 20935 and 20937 of 2020
D.Vijayalakshmi .. Petitioner
vs.
1. The Commissioner,
Panchayat Development and
Panchayat Raj Department
th
4 Floor, Panagal Building,
Saidapet, Chennai.
2.The District Collector,
A Block, 2nd Floor, Collectorate,
Vellore – 632009 ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus to Calling for the
records of the 2nd respondent in its Proceedings R.C.PA1 / 6755 / 2016 dated
19.07.2016 and quash the same and consequently direct the respondents to
reinstate the petitioner.
For Petitioner : Mr.V.Vijayashankar
For Respondents : Mrs.S.Anitha, Spl.GP
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.16876 of 2020
ORDER
The case of the petitioner is that he was placed under suspension, vide
proceedings of the second respondent dated 19.07.2016 on the ground of
arrest by the Inspector of Police, Vigilance and Anti-Corruption, Vellore, on
18.07.2016 and registration of Criminal Case in Cr.No.08/2016 under Section
7 @ 7 & 13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988 for
demand and acceptance of bribe of Rs.50,000/-. Challenging the same, the
petitioner has filed the present writ petition.
2. The learned counsel for the petitioner submits that the petitioner has
also submitted a representation to the respondents for revocation of the order
of suspension and it is still pending and the criminal case in Spl.C.C.No.5 of
2018 is pending on the file of the Chief Judicial Magistrate, Vellore and
appropriate orders may be passed for expeditiously disposal of the criminal
case.
3. 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, has answered as under:
https://www.mhc.tn.gov.in/judis
W.P.No.16876 of 2020
(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
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.
4. The learned Standing Counsel for the respondents submitted that the
representation submitted by the petitioner for revocation of the suspension
order will be considered by the authorities concerned.
https://www.mhc.tn.gov.in/judis
W.P.No.16876 of 2020
5. In view of the above, this Court directs the 2nd respondent to consider
the petitioner's representation seeking revocation of the suspension order and
pass orders on merits and in accordance with law within a period of eight
weeks from the date of receipt of a copy of this order. The learned Chief
Judicial Magistrate, Vellore is also directed to expedite the trial in
Spl.C.C.No.5/2018 pending on its file and conclude the same, as
expeditiously as possible preferably within a period of four months.
6. With the above direction, this Writ Petition stands disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
23.03.2022
Index : Yes / No
Internet : Yes / No
ak
To
1. The Commissioner,
Panchayat Development and
Panchayat Raj Department
th
4 Floor, Panagal Building,
Saidapet, Chennai.
https://www.mhc.tn.gov.in/judis
W.P.No.16876 of 2020
2.The District Collector,
A Block, 2nd Floor, Collectorate,
Vellore – 632009
Copy to:
The Chief Judicial Magistrate,
Vellore.
https://www.mhc.tn.gov.in/judis
W.P.No.16876 of 2020
D.KRISHNAKUMAR. J
ak
W.P.No.16876 of 2020
and WMP.Nos. 20935 & 20937 of 2020
23.03.2022
https://www.mhc.tn.gov.in/judis
