Madras High Court
R.Geetha vs The District Collector on 29 March, 2022
W.P.No.7236 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.7236 of 2022
R.Geetha ...Petitioner
Vs.
1.The District Collector,
District Collector Office,
Namakkal District.
2.The Tahsildar,
Paramathi-Velur Taluk,
Namakkal District. ...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of
India, seeking to issue a Writ of Mandamus, directing the first
respondent to reinstate the petitioner in service by considering the
petitioner's representation dated 17.02.2022.
For Petitioner : Mr.Deepan Uday
For Respondents : Mr.S.Prabhakaran
Government Advocate
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.7236 of 2022
ORDER
By consent of both parties, this Writ Petition is taken up for final
disposal at the admission stage itself.
2. This writ petition has been filed seeking issuance of Writ of
Mandamus, to direct the 1st respondent to reinstate the petitioner in
service by considering the petitioner's representation dated 17.02.2022.
3. The case of the petitioner in brief:
While the petitioner was working as Village Assistant, she was
arrested on 08.10.2020 on the allegation that she had received bribe of
Rs.4000/- for issuing patta transfer order. Based on the aforesaid
allegation, the petitioner was suspended from service on 10.10.2020.
As per the statement of the VAO and FIR, the petitioner has not
involved in any of that bribed activity. Therefore, the petitioner made a
representation to the first respondent to reconsider the suspension order
and reinstate her into service. But, the said representation was not
considered till date. Hence, the instant writ petition.
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W.P.No.7236 of 2022
4. The learned counsel appearing for the petitioner would submit
that the writ petitioner has been under the prolonged suspension for
more than 1-1/2 years and hence, he seeks a direction to the first
respondent to consider the representation of the petitioner afresh, as
per the decision of the Hon'ble Supreme Court.
5. The learned Government Advocate appearing for the
respondents would submit that on the request made by the petitioner
before the first respondent, the first respondent will be taken note of
the said facts of the case and take proper decision and pass appropriate
orders in accordance with law.
6. The Hon'ble Full Bench of this Court, in the case of P.Kannan
Vs The Commissioner for Municipal Administration and Others
passed in W.P.Nos.2165 of 2015 and 21628 of 2018 dated 15.03.2022
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
https://www.mhc.tn.gov.in/judis
W.P.No.7236 of 2022
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.
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W.P.No.7236 of 2022
Therefore, by taking note of the aforesaid decision of Hon'ble Full
Bench of this Court, this Court is inclined to direct the first respondent
to consider the petitioner's representation dated 17.02.2022 on its own
merits and in accordance with law and take appropriate decision, as
expeditiously as possible, within a period of twelve weeks from the
date of receipt of a copy of this order.
7. With the above direction, this writ petition stands disposed of.
No costs.
29.03.2022
Index:Yes/No
Internet:Yes/No
uma
To
1.The District Collector,
District Collector Office,
Namakkal District.
2.The Tahsildar,
Paramathi-Velur Taluk,
Namakkal District.
https://www.mhc.tn.gov.in/judis
W.P.No.7236 of 2022
D. KRISHNAKUMAR, J.
uma
W.P.No.7236 of 2022
29.03.2022
https://www.mhc.tn.gov.in/judis
