[Cites 3, Cited by 0]
Madras High Court
Pandithurai vs The Commissioner on 9 March, 2026
W.P.(MD) No.6123 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD) No.6123 of 2026
Pandithurai ... Petitioner
-vs-
1.The Commissioner
Devakottai Municipality
Devakottai, Sivagangai District
2.The Director of Municipal Administrator
No.75, Urban Administrative Building
Santhome High Road
M.R.C.Nagar, Raja Annamalaipuram
Chennai-600 028
3.The Regional Director of
Municipal Administration
Madurai Region, Madurai ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus to call for the records on the file of the 1 st
respondent in ROC.No.1482/2023/C1 dated 22.08.2023 and quash the same
and direct the respondents to reinstate the petitioner in service with all service
and monetary benefits within a time frame fixed by this Court.
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W.P.(MD) No.6123 of 2026
For Petitioner : Mr.J.Sivakumar
For Respondents : Mr.K.R.Bharathi Kannan for R1
Mr.V.Om Prakash
Government Advocate for R2 & R3
ORDER
While the petitioner was working as Revenue Assistant, he was
involved in a criminal case in Crime No.5 of 2023, on the file of the Vigilance
and Anti-Corruption, Sivagangai District, for the offence under Sections 7 and
12 of the Prevention of Corruption Act, 1988, and he was also arrested and
remanded to judicial custody. In the light of the same, the petitioner was
placed under suspension by the first respondent, through proceedings bearing
Roc No.1482/2023/C1 dated 22.08.2023. Subsequently, the petitioner was
enlarged on bail. Thus, the petitioner has been continuing under suspension
for the past more than two years. Under those circumstances, questioning the
prolonged suspension, the petitioner has approached this Court challenging
the said proceedings of the first respondent, dated 22.08.2023.
2. Learned counsel for the petitioner contended that under similar
circumstances, another person by name, M.Madhan Kumar, who was also
involved in the very same crime in which petitioner herein was involved,
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approached this Court on the earlier occasion by filing a writ petition in W.P.
(MD) No.29168 of 2025 and the said writ has been disposed of by a Coordinate
Bench of this Court vide order dated 15.10.2025 directing the first respondent
– Municipality to place the petitioner therein in a non-sensitive post available
in the Municipality. It is also further brought to the notice of this Court that
said order passed by this Court was also complied with by the respondents
and accordingly, proceedings bearing Na.Ka.No.1482/2022/C1, dated
20.01.2026, were issued reinstating the said M.Madhan Kumar into service.
3. In the light of the above, this Court, vide order dated
06.03.2026, afforded an opportunity to the respondents to get specific
instructions on this aspect and also to inform this Court as to whether the
first respondent is intending to continue the suspension of the petitioner for
further period.
4. Today, when the matter is taken up for consideration, learned
counsel appearing for the first respondent submitted that there is no dispute
about the suspension of the said M.Madhan Kumar and his reinstatement into
service pursuant to the order passed by this Court, vide proceedings of the
first respondent dated 20.01.2026.
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5. In the light of the above and taking into consideration the fact
that the petitioner herein as well as the said M.Madhan Kumar were involved
in the same crime and the said M.Madhan Kumar has already been reinstated
into service pursuant to order passed by this Court, this Court does not see
any impediment for passing an identical order passed in favour of the said
M.Madhan Kumar as the facts and circumstances for both the employees are
one and the same.
6. In the light of the above, this writ petition is disposed of
directing the first respondent to reinstate the petitioner herein into service,
however, in a non-sensitive post available in the respondent – Municipality,
within a period of four weeks from the date of receipt of a copy of this order.
No costs.
09.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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To:
1.The Director of Municipal Administrator,
No.75, Urban Administrative Building,
Santhome High Road,
M.R.C.Nagar, Raja Annamalaipuram,
Chennai-600 028.
2.The Regional Director of
Municipal Administration,
Madurai Region, Madurai.
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MUMMINENI SUDHEER KUMAR, J.
krk
09.03.2026
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