Madras High Court
P.Dhanalakshmi vs The District Collector on 25 March, 2022
W.P.No.15537 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.15537 of 2020
P.Dhanalakshmi ... Petitioner
Vs.
1.The District Collector,
Namakkal,
Namakkal District.
2.The Project Officer,
Child Welfare Scheme,
Namakkal,
Namakkal District. ... Respondents
PRAYER: This Writ Petition has been filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of Mandamus,
directing 1st respondent to revoke the order of suspension dated
13.01.2020 made in Se.Mu.Na.Ka.No.20/A1/2020 passed by 1st
respondent, by considering the petitioner's representation dated
08.08.2020.
For Petitioner : Mr.N.Manokaran
For Respondents : Mr.Haja Nazirudeen
Additional Advocate General
Assisted by Ms.S.Anitha
Special Government Pleader [R1]
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W.P.No.15537 of 2020
ORDER
The relief sought for in the writ petition is for a Mandamus
directing the respondents to revoke the order of suspension dated
13.01.2020 made in Se.Mu.Na.Ka.No.20/A1/2020 passed by 1st
respondent, by considering the petitioner's representation dated
08.08.2020.
2.Brief facts of the case:
The petitioner was appointed as Anganwadi Worker at Child
Welfare Centre, Mangalapuram, Namakkal District and thereafter,
transferred to Child Welfare Centre, Senthamangalam Taluk, Namakkal
District and later to Thottipatti. Whileso, the first respondent has passed
an order placing the petitioner under suspension, since she was arrested in
FIR.No.12 of 2020. After released from bail, the petitioner has made
representations to the respondents to pay the subsistence allowance
during the period of suspension and also to revoke the order of
suspension, but no action has been taken so far. Hence, the writ petition.
3.The learned counsel appearing for the petitioner would submit
that on 04.10.1995, the petitioner was appointed as Anganwadi Worker at
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W.P.No.15537 of 2020
Child Welfare Centre, Mangalapuram, Namakkal District and finally
transferred and posted at Child Welfare Centre, Thottipatti in the year
2015. Due to the family dispute between her and her family members, a
counter case has been foisted against her and her husband in FIR.No.12
of 2020 and she was remanded to judicial custody. In view of the same,
the first respondent by his proceedings in Se.Mu.Na.Ka.No.20/A1/2020,
dated 13.01.2020 has placed the petitioner under suspension. After
released from the bail, the petitioner has made representation dated
09.06.2020 to the second respondent to pay the subsistence allowance
during the period of suspension and also submitted another representation
dated 08.08.2020 to revoke the order of suspension, but no action has
been taken so far and on the other hand the second respondent has sent a
communication to the first respondent iter alia refusing the petitioner’s
request in view of the pendency of the criminal case.
4.He would further submit that due to political motive a false
case has been foisted against her and he would rely upon the judgment of
the Hon’ble Supreme Court in the case of Ajay Kumar Choudhary Vs.
Union of India – 2015 (7) SCC 291, wherein, the Hon’ble Supreme
Court of India has held as follows:
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W.P.No.15537 of 2020
“We, therefore, direct that the currency of a
suspension order should not extent beyond three
months if within this period the memorandum of
charges/charge-sheet is not served on the delinquent
officer/employee; if the memorandum of
charges/charge-sheet is served, a reasoned order must
be passed for the extension of the suspension”.
Further, he would submit that the dispute between the petitioner and her
family members is purely Civil Dispute and there is nothing to do with
the department. Hence, he seeks for a direction to revoke the order of
suspension dated 13.01.2020 by considering the petitioner’s
representation dated 08.08.2020.
5.The learned Government Pleader appearing for the respondents
would submit that while the petitioner was in service a case was
registered in Crime No.12 of 2020 for the offences under Section 294(b),
324, 506(ii) of IPC, thereafter, charge sheet was filed but the case has not
been taken on file. He would further submit that the Government vide
letter Ms.No.54/SW-7(1)/2014-1, dated 04.08.2015, had issued an
instruction that the Anganwadi Workers/Helpers, those who are involved
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W.P.No.15537 of 2020
in criminal case shall be placed under suspension till the end of the
criminal and the subsistence allowance should not be given during the
suspension period. If the charges proved, the individual shall be removed
from service and in case of the not prove charges, the individual may be
reinstated into service on the basis of no work no pay during the
suspension period and also instructed to follow the instructions from the
Govt.Lr.No.151/NMS-1/2006-1, dated 11.08.2003. Further he would
submit that the Criminal Case against the petitioner is still pending and
hence, the claim of the writ petitioner has not been considered as per the
Government instructions.
6.Further, the learned Additional Advocate General would rely
upon the Hon'ble Full Bench judgment of this Court in
W.P.Nos.2165/2015 & 21628/2018, wherein, the Hon’ble Full Bench of
this Court has held as follows:
“(i) The judgment of the Apex Court in the
case of Ajay Kumar Choudhary Vs. Union of India –
2015 (7) SCC 291, 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
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W.P.No.15537 of 2020
served within three months, or if memorandum of
charges/charge-sheet is served without reasoned
order of extension.”
7.Heard the learned respective counsels on either side and
perused the materials placed on record.
8.In view of the above facts and circumstances of the case, it
seems that due to civil dispute, a case has been foisted against the
petitioner. Hence, in the light of the order passed by the Hon'ble Full
Bench of this Court, this Court is inclined to direct the respondents to
pass appropriate orders by taking note of the gravity of the offence, for
revocation of the petitioner’s suspension order by considering the
petitioner's representation dated 08.08.2020, as early as possible
preferably within a period of four weeks from the date of receipt of a copy
of this order.s
9.With the above direction, this writ petition stands disposed of.
No costs.
25.03.2022
Dua
Internet:Yes
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W.P.No.15537 of 2020
To
1.The District Collector,
Namakkal,
Namakkal District.
2.The Project Officer,
Child Welfare Scheme,
Namakkal,
Namakkal District.
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W.P.No.15537 of 2020
D.KRISHNAKUMAR, J.
Dua
W.P.No.15537 of 2020
25.03.2022
https://www.mhc.tn.gov.in/judis
