Madras High Court
A.M.Sivashankar vs The Chairman on 14 July, 2023
W.P.No.20753 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.20753 of 2023 and
W.M.P.Nos.20130, 20131 & 20176 of 2023
A.M.Sivashankar,
S/o.A.S.Muthukumarasamy,
Formerly Section Officer (u/s),
Tamil Nadu Public Service Commission,
Chennai-03. ... Petitioner
Versus
1.The Chairman,
Tamil Nadu Public Service Commission,
TNPSC Road, Broadway,
Chennai-03.
2.The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, Broadway,
Chennai-03. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a writ of Certiorarified Mandamus or any other appropriate writ or
order or direction in the nature of writ calling for the records of the 2 nd
respondent in connection with the impugned order passed by him in
proceedings No.7364/PD-D3/2017 dated 27.11.2017 and the Review order
in Memo No.1277/PD-E4/2019 dated 11.10.2019 and the subsequent
rejection order in Memo No.142/PD-B2/2022 dated 05.07.2022 and to
quash the same and to direct the respondent to reinstate the petitioner into
service.
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.20753 of 2023
For Petitioner : Mr.S.Sivakumar
For Respondents : Mr.R.Bharanidharan
*****
ORDER
This Writ Petition has been filed to call for the records of the 2 nd
respondent in connection with the impugned order passed by him in
proceedings No.7364/PD-D3/2017, dated 27.11.2017 and the Review order
in Memo No.1277/PD-E4/2019, dated 11.10.2019 and the subsequent
rejection order in Memo No.142/PD-B2/2022, dated 05.07.2022 and to
quash the same and to direct the respondent to reinstate the petitioner into
service.
2.The case of the writ petitioner is that he was placed under
suspension by order, dated 27.11.2017 in No.7364/PD-D3/2017 and he has
challenged the same before this Court in W.A.No.1956 of 2019. However,
this Court, by judgment, dated 13.08.2019 in W.A.No.1956 of 2019 directed
the Secretary, Tamil Nadu Public Service Commission, Chennai/2nd
respondent herein to review the suspension of the petitioner and take a
decision as to whether he should still be placed under suspension. Despite
the judgment of the Hon'ble Division Bench, the suspension of the
https://www.mhc.tn.gov.in/judis
W.P.No.20753 of 2023
petitioner was not reviewed. It is further contention that in W.P.No.4184 of
2023 filed by the co-delinquent, namely, V.Perumal, this Court, by order,
dated 13.02.2023 directed the Chairman, Tamil Nadu Public Service
Commission, Chennai/1st respondent herein to complete the disciplinary
proceedings within a period of twelve weeks. Even then, the disciplinary
proceedings has not been completed. Hence, he seeks direction of this
Court to review the suspension.
3.The learned counsel appearing for the petitioner submitted that
the petitioner is under prolonged suspension for the past six years and there
is no progress in the criminal case. Despite the direction of this Court,
dated 13.08.2019 in W.A.No.1956 of 2019, the suspension of the petitioner
has not been reviewed and the disciplinary proceedings has not been
concluded. Hence, the learned counsel for the petitioner takes notice for the
respondents. According to the respondents, serious charges have been
framed against the petitioner and infact one of the charge is with regard to
paper leakage relating to Group-I written examination in the year 2016.
https://www.mhc.tn.gov.in/judis
W.P.No.20753 of 2023
4.The learned counsel appearing for the respondents submitted that
the Enquiry Officer has already been appointed, however, he is retired from
service. Now, the copies have been sought from the Lower Court. Once the
copies have been obtained from Lower Court, enquiry will be concluded.
5.Heard the submissions of Mr.S.Sivakumar, learned counsel for
the petitioner and Mr.R.Bharanidharan, learned counsel for the respondents
and perused the materials.
6.It is seen that the disciplinary proceedings against the petitioner
has already commenced and almost eight charges have been framed against
the petitioner, which are serious in nature.
7.In such view of the matter, there shall be a direction to the
respondents to conclude the disciplinary proceedings against the petitioner
within a period of six months from the date of receipt of a copy of this
order.
https://www.mhc.tn.gov.in/judis
W.P.No.20753 of 2023
8.The petitioner is directed to give representation to the
respondents within a period of one week from today for enhancing the
subsistence allowance as per Rules. On such representation, the subsistence
allowance, as per Rules, shall be paid to the petitioner immediately.
9.With the above directions, this Writ Petition is disposed of.
Consequently, the connected Miscellaneous Petitions are closed. No costs.
14.07.2023
Index : Yes/No
Internet: Yes/No
Neutral Citation: Yes/No
Speaking Order/Non-Speaking Order
vv2
To
1.The Chairman,
Tamil Nadu Public Service Commission,
TNPSC Road, Broadway,
Chennai-03.
2.The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, Broadway,
Chennai-03.
https://www.mhc.tn.gov.in/judis
W.P.No.20753 of 2023
N.SATHISH KUMAR, J.
vv2
W.P.No.20753 of 2023
14.07.2023
https://www.mhc.tn.gov.in/judis
