Madras High Court
V.Dhamodharan … vs The District Collector on 6 February, 2023
W.P.No.3231 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2023
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.3231 of 2023
and WMP No.3283 of 2023
V.Dhamodharan … Petitioner
Vs.
1.The District Collector
Krishnagiri District
Krishnagiri.
2. The Revenue Divisional Officer
Krishnagiri District
Krishnagiri. … Respondents
Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, to call for the records
pertaining Order of the 2nd Respondent proceedings vide Roc. 3137 / 2016
/A dated 10.11.2016 and quash the same as illegal improper, incompetent
and ultra - virus and consequentially direct the 2nd Respondent herein to
reinstate the Petitioner post of Village Administrative officer, Pudhur
Punganai Village, Uthangarai Taluk Krishnagiri District with all back wages.
Page No.1 of 6
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W.P.No.3231 of 2023
For Petitioner : Mr.C.Palanisamy
For Respondents : Mrs.M.Jayanthi
Additional Government Pleader
ORDER
This writ petition has been filed challenging the suspension order
passed by the 2nd respondent dated 10.11.2016 and for a consequential
direction to the 2nd respondent to reinstate the petitioner into service with all
attendant benefits.
2.The case of the petitioner is that he was working as a Village
Administrative Officer and based on a complaint that was given against him
before the Vigilance and Anti-Corruption, Krishnagiri, an FIR came to be
registered in Cr.No.2/2016. The FIR ultimately ended in the filing of a charge
sheet before the Chief Judicial Magistrate Court, Krishnagiri and the case is
pending in Spl.C.C.No.19 of 2019.
3.In the meantime, the 2nd respondent through proceedings
dt.10.11.2016, placed the petitioner under suspension.
4.The grievance of the petitioner is that the order of suspension has
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W.P.No.3231 of 2023
been continuing for nearly six years and till date, the same has been modified
or revoked. Representations were also made in this regard and the same was
not acted upon by the 2nd respondent. Left with no other option, the present
writ petition has been filed before this Court.
5.Heard Mr.C.Palanisamy, learned counsel for the petitioner and
Mrs.M.Jayanthi, learned Additional Government Pleader appearing on behalf
of the respondents.
6.The learned counsel for the petitioner by pointing out to the orders
passed in Ajay Kumar Choudhary case and Pramod Kumar case, submitted
that the petitioner cannot be kept under prolonged suspension and in the
present case, the petitioner has been placed under suspension for the last six
years. Hence, the learned counsel for the petitioner submitted that the order
of suspension is liable to be interfered by this Court.
7.Per contra, the learned Additional Government Pleader appearing on
behalf of the respondents submitted that considering the seriousness of the
charge against the petitioner, who was involved in receiving bribe, there is no
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W.P.No.3231 of 2023
question of automatically revoking the order of suspension. The learned
Additional Government Pleader in order to substantiate her submission placed
reliance upon the Full Bench Judgment of this Court in P. Kannan .v.
Commissioner for Municipal Administration and Others reported in (2022) CTC 353.
8.In the considered view of this Court, the petitioner has been kept
under suspension for more than six years. He has been paid subsistence
allowance and the petitioner is receiving the amount every month without
extracting the services of the petitioner. This is certainly a dent in the public
exchecker and the respondents will have to necessarily consider extracting
work from the petitioner by putting him in some non-sensitive work. A public
servant cannot be allowed to receive the subsistence allowance every month
for years together without doing any work.
9.In the light of the above discussion, there shall be a direction to the
2nd respondent to consider the representation made by the petitioner on
24.05.2022 and deal with the same on its own merits and in accordance with
law and in the light of the observations made in this writ petition. A decision
shall be taken within a period of four weeks from the date of receipt of a copy
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W.P.No.3231 of 2023
of this order.
10.This writ petition is disposed of with the above directions. No costs.
Consequently, connected miscellaneous petition is closed.
06.02.2023
kp
Internet : Yes/No
Index : Yes/No
Speaking Order :Yes/No
Neutral Judgment :Yes/No
To
1.The District Collector
Krishnagiri District
Krishnagiri.
2. The Revenue Divisional Officer
Krishnagiri District
Krishnagiri.
N.ANAND VENKATESH,J.
kp
https://www.mhc.tn.gov.in/judis
W.P.No.3231 of 2023
W.P.No.3231 of 2023
06.02.2023
https://www.mhc.tn.gov.in/judis
