Madras High Court
P.Ilakya vs Additional Chief Secretary To ... on 13 April, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.12921 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.12921 of 2021
and
W.M.P.Nos.13721 & 13722 of 2021
P.Ilakya ... Petitioner
vs.
1.Additional Chief Secretary to Government,
Rural Development and Panchayat Raj Department,
Secretariat, Chennai – 600 015.
2.The Commissioner,
Directorate of Rural Development
& Panchayat Raj Department,
Panagal Building, Chennai – 600 015.
3.The District Collector,
Collectorate, Krishnagiri – 635 001.
4.The Block Development Officer,
Uthangarai Union,
Krishnagiri District – 635 207. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorari, calling for the records pertaining
to proceedings in G.O.(2D).No.03 dated 18.01.2021 of the 1st respondent and
to quash the order of the 1st respondent dated 18.01.2021.
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https://www.mhc.tn.gov.in/judis
W.P.No.12921 of 2021
For Petitioner : Mr.S.Sivakumar
For R1 to 3 : Mr.Haja Nazirudeen
Additional Advocate General
Assisted by
Mrs.S.Anitha
Special Government Pleader
For R4 : Mr.C.Jayaprakash
Government advocate
ORDER
This writ petition has been filed seeking to issue Writ of Certiorari Mandamus, quashing the impugned suspension order passed in G.O.(2D).No.03 dated 18.01.2021 by the 1st respondent.
2. The petitioner was appointed as Assistant Engineer in the office of the Assistant Executive Engineer (RD), Krishnagiri Sub Division, Rural Development and Panchayat Raj Department. On 05.05.2017, FIR was registered against the petitioner for the offence of misappropriation of funds committed during the year 2013-2014. Thereafter, the petitioner was placed under suspension vide order dated 18.01.2021, without conducting any enquiry and issuing notice. Therefore, the impugned suspension order has 2/7 https://www.mhc.tn.gov.in/judis W.P.No.12921 of 2021 been issued without compliance of the principles of natural justice and hence, the same is liable to be quashed.
3. In the counter affidavit it is stated that the petitioner, without supervising the construction of houses under Indira Awaas Yojana Scheme in Nadupatti Panchayat of Uthangarai Union, she conspired with Overseer, Block Development Officer had created forged Valuation Certificate. Hence, a case in Crime No.6/2017 was registered against her on 05.05.2017 for the offence punishable under Sections 120-B, 409, 465, 466, 468, 474, 471, 477A of IPC and 1392) r/w 13(1)(c) and 13(1)(d) of PC Act 1988. The petitioner is a delinquent Officer and she had violated the Rule 20 of the Tamilnadu Government Servants Contract Rules and hence, there is no illegality in issuing the suspension order.
4. The learned counsel appearing for the petitioner submitted that for the alleged offence of misappropriation of funds committed during the year 2013-2014, FIR was registered only on 05.05.2017, So far, there is no progress in the criminal case and charge sheet has not been filed before the Jurisdictional Magistrate. Further, the Department has also not initiated any 3/7 https://www.mhc.tn.gov.in/judis W.P.No.12921 of 2021 departmental proceedings and hence, the impugned suspension order may be quashed.
5. Heard the counsels appearing for both the parties and I have perused the materials on record.
6. It is an admitted fact that for the involvement of criminal offence during the year 2014, FIR was registered only in the year 2017. Further, on instruction, the learned Additional Advocate General also submitted that till now, Charge Sheet has not been filed before the concerned Jurisdictional Magistrate.
7. At this juncture, it is pertinent to note that the Hon'ble Full Bench of this Court, has passed order in the case of P.Kannan Vs The Commissioner for Municipal Administration and Others (W.P.Nos.2165 of 2015 and 21628 of 2018 dated 15.03.2022), wherein, it is held as follows:
(i) The judgment of the Apex Court in the case of Ajay Kumar Choudhary, supra, does not lay down absolute proposition of law that an order of suspension cannot be continued beyond the period of three months if 4/7 https://www.mhc.tn.gov.in/judis W.P.No.12921 of 2021 the memorandum of charges/charge- sheet has not been served within three months, or if memorandum of charges/charge-sheet is served without reasoned order of extension.
(ii) The judgment in R.Balaji, supra, has no reference to the earlier judgments of co-equal strength and is thereby rendered per incuriam.
(iii) The issue of challenge to the order of suspension should be analyzed on the facts of each case, considering the gravity of the charges and the rules applicable.
(iv) Revocation of suspension with a direction to the employer to post the delinquent in a non-sensitive post cannot be endorsed or directed as a matter of course. It has to be based on the facts of each case and after noticing the reason for the delay in serving the memorandum of charges/charge-sheet.
8. Therefore, considering the gravity of the offence committed by the petitioner and also in the light of the above decision of the Full Bench of this Court, this Court is inclined to pass the following order.
i) The respondents are directed to consider the request of petitioner for revocation of suspension order, in the light of the above decision (Kannan 5/7 https://www.mhc.tn.gov.in/judis W.P.No.12921 of 2021 case) and to pass appropriate orders, within four weeks from the date of receipt of the copy of this order.
8. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected writ miscellaneous petitions are closed.
13.04.2022
Index : Yes / No
Internet : Yes / No
mst
To
1.Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai – 600 015.
2.The Commissioner, Directorate of Rural Development & Panchayat Raj Department, Panagal Building, Chennai – 600 015.
3.The District Collector, Collectorate, Krishnagiri – 635 001.
4.The Block Development Officer, Uthangarai Union, Krishnagiri District – 635 207.
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