Madras High Court
T. Anbarasan vs The District Revenue Officer on 8 November, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.17470 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.17470 of 2024 and
W.M.P.No.19263 of 2024
T. Anbarasan ...Petitioner
Vs
The District Revenue Officer,
Collector's Office,
Erode District, Erode ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus calling for the records
pertaining to the order dated 31.07.2023 made in
Na.Ka.No.3243/2023/A4 on the file of the District Revenue Officer,
Collector's Office, Erode District, Erode, the respondent herein and quash
the same and consequently direct the respondent to reinstate the
petitioner into service and pass orders.
For Petitioner : Mr.T. Francis Edmund
For Respondent : Mr.Stalin Abhimanyu
Additional Government Pleader
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.17470 of 2024
ORDER
The petitioner has filed this writ petition to issue a Writ of
Certiorarified Mandamus calling for the records pertaining to the order
dated 31.07.2023 made in Na.Ka.No.3243/2023/A4 on the file of the
District Revenue Officer, Collector's Office, Erode District, Erode, the
respondent herein and quash the same and consequently direct the
respondent to reinstate the petitioner into service and pass orders.
2. The facts of the case is that the petitioner is working as a
Revenue Inspector in Perundurai Firka, Perundurai Taluk, Erode. While
so, an F.I.R was registered in Crime No.01 of 2023 on the file of the
Inspector of Police, Vigilance and Anti-Corruption, Erode District alleging
that he has received Rs.8,000/- as bribe for issuance of legal heirship
certificate. Based on the said criminal complaint the petitioner was
arrested on 14.02.2023 and subsequent to that the respondent vide his
proceedings 17.02.2023 has placed the petitioner under suspension
invoking clause(2) of Sub-rule(3) of the Rule 17 of Tamil Nadu Civil
Service ( Discipline and Appeal) Rules. The grievance of the petitioner is
https://www.mhc.tn.gov.in/judis
that charge memo was served to the petitioner on 15.12.2023 and he has
also given explanations to the charge memo and also submitted a
representation to the respondent on 15.06.2023 to revoke the suspension.
Pursuant to that the respondent passed an order in
Na.Ka.No.3243/2023/A4 on 31.07.2023, wherein it has been stated that
since the judicial proceedings are pending against the petitioner, it is not
possible to consider the representation of the petitioner with regard to
revoking the suspension order. Aggrieved over the same the petitioner
has come up with this petition.
3.The learned counsel for the petitioner submitted that the
petitioner cannot kept under suspension beyond a period of three months
without any progress. When this being the case, the respondent has kept
the petitioner under suspension from 14.02.2023 and the representation
made by the petitioner was also not considered. Hence, prays to allow
this petition.
4. The learned Additional Government Pleader appearing for the
respondent produced letter of the District Revenue Officer, Erode
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District, Erode, dated 07.11.2024, wherein it has been stated that the
charges have been framed against the individual in the Charge Memo
Na.Ka.No.3243/2023/A4 dated 07.12.2023 of the District Revenue
Officer, Erode U/s 17(b) of the Tamil Nadu Civil Service ( Discipline and
Appeal) rules and charge memo was also served to the individual on
15.12.2023. However, the individual has not submitted his explanation
on the charges framed u/s 17(b) of the Tamil Nadu Civil Service
( Discipline and Appeal) rules till date. As the delinquent has not given
explanation, Enquiry Officer has not been appointed. It has been further
stated that the charge sheet relating to this case was submitted before the
Chief Judicial Magistrate and Special Judge Court, Erode on 01.07.2024.
5. In view of the above facts, this Court directs the Chief Judicial
Magistrate of Special Judge Court, Erode to complete the trial within a
period of 3 months from the date of receipt of a copy of this order. Based
on the Judgment of the Trial Court, the respondent is directed to
complete the enquiry against the charge memo issued to the petitioner U/s
17(b) of the Tamil Nadu Civil Service ( Discipline and Appeal) within a
period of 3 months from the date of receipt of a copy of the Judgment of
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the Trial Court. The respondent is further directed to pay subsistence
allowance to the petitioner till the conclusion of the final orders passed in
the Disciplinary proceedings.
6.With the above directions, this Writ Petition stands disposed
of. No order as to costs. Consequently the connected miscellaneous
petition is closed.
08.11.2024
Index:Yes/No
Speaking order/Non-speaking order
smn
To
The District Revenue Officer,
Collector's Office,
Erode District, Erode
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN,J.
Smn
W.P.No.17470 of 2024 and
08.11.2024
https://www.mhc.tn.gov.in/judis
