[Cites 8, Cited by 0]
Madras High Court
M.Ilanchezhian vs The Managing Director on 11 March, 2026
W.P.(MD) No.6467 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD) No.6467 of 2026
M.Ilanchezhian ... Petitioner
-vs-
1.The Managing Director
TWAD Board
31, Kamarajar Salai
Chepauk, Chennai-600 005
2.The Executive Engineer
TWAD Board
Project Maintenance Division
Opposite to Mattuthavani Bus Stand
Madurai ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling records of the first respondent i.e.
the Managing Director, TWAD Board, Chennai in Proc.No.10187/Estt.
(DP)/A2/2024 dated 30.07.2024 and quash the same and consequently direct
the first respondent i.e. the Managing Director, TWAD Board, Chennai, to
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W.P.(MD) No.6467 of 2026
reinstate the petitioner into service, within a specified time frame, subject to
the result of the criminal case pending against him in C.C.No.355/2025 dated
22.12.2024, before the Judicial Magistrate Court No.IV, Madurai.
For Petitioner : Mr.S.Visvalingam
For Respondents : Mr.R.Satheesh
Standing Counsel
ORDER
Mr.R.Satheesh, learned Standing Counsel, takes notice for the
respondents.
2. With the consent of both sides, this writ petition is disposed of
at the admission stage.
3. Heard the learned counsel for the petitioner and the learned
Standing Counsel appearing for the respondents.
4. This writ petition has been filed challenging the proceedings
bearing Proc.No.10187/Estt.(DP)/A2/2024, dated 30.07.2024, issued by the
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first respondent, whereby the petitioner, who was working as Assistant
Executive Engineer, was placed under suspension, on the ground that he was
involved in a criminal case vide Crime No.1 of 2023, for the offence under
Sections 420, 465, 468, 471, 120(b) I.P.C. In the said criminal case, a charge
sheet has already been filed as early as on 22.12.2024 and the same was
taken on file by the Court of the Judicial Magistrate No.IV, Madurai, vide
C.C.No.355 of 2025 and the same is pending trial. In spite of filing a charge
sheet in the said criminal case, the petitioner is continued to be under
suspension for more than eighteen months. Under those circumstances, the
petitioner has approached this Court challenging the proceedings of the first
respondent, dated 30.07.2024.
5. Mr.S.Visvalingam, learned counsel for the petitioner, contended
that the criminal case, in which the petitioner was involved, is nothing to do
with his employment in the respondent – Board and the same is in respect of
certain private dispute between him and the complainant therein and
therefore, there is no justification on the part of the respondents to continue
the petitioner under suspension anymore. He also placed reliance on a
decision of the Honourable Apex Court in the case of State of T.N. vs.
Promod Kumar, reported in (2018) 17 SCC 677 and also a decision of the
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learned Single Judge of this Court, dated 21.08.2025 in W.P.No.33197 of
2024, in the case of G.Kalaimannan vs. The Secretary to Government,
Revenue and Disaster Management Department and another, in support
of his contentions.
6. On the other hand, Mr.R.Satheesh, learned Standing Counsel
appearing for the respondents, placed before this Court the written
instructions received by him from the second respondent herein, dated
11.03.2026, stating that there is no allegation pending against the petitioner
in connection with the service in the respondent – Board, except the pending
criminal case in C.C.No.355 of 2025. He also further submitted that the
respondent – Board will pass appropriate orders in the facts and
circumstances of the case on hand.
7. Taking into consideration the submission made on either side,
especially, the law laid down by the Honourable Apex Court in the case of
Promod Kumar (cited supra), this Court is of the considered view that
prolonged suspension is neither in the interest of the respondent – Board nor
in the interest of the petitioner herein, in the light of the admitted fact position
that there is no allegation pending against the petitioner insofar as his service
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in the respondent – Board is concerned and therefore, continuation of the
petitioner under suspension any longer is in fact prejudicial to the interest of
the respondent – Board as well, as the petitioner would be paid subsistance
allowance without extracting any work from him.
8. The Honourable Apex Court in the above referred decision has
held as follows:
“27. This Court in Ajay Kumar Choudhary v.
Union of India, (2015) 7 SCC 291 has frowned upon
the practice of protracted suspension and held that
suspension must necessarily be for a short duration.
On the basis of the material on record, we are
convinced that no useful purpose would be served by
continuing the first Respondent under suspension any
longer and that his reinstatement would not be a
threat to a fair trial. We reiterate the observation of the
High Court that the Appellant State has the liberty to
appoint the first Respondent in a non sensitive post.”
9. In the light of the above, this Court does not find any
justification on the part of the respondents to continue the petitioner under
suspension anymore.
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10. Accordingly, this writ petition is allowed directing the
respondents to reinstate the petitioner into service forthwith. It is left open to
the respondent – Board to consider posting the petitioner in any non-sensitive
post, if they feel that the same is necessary. No costs.
11.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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MUMMINENI SUDHEER KUMAR, J.
krk
11.03.2026
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