Writ appeal against quashing of a suspension order and reinstatement direction. The respondent had attained superannuation; the department undertook to conclude the disciplinary proceedings. The court directed conclusion within three months per GO (Ms) No.81 dated 04.08.2022 and disposed of the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WA No.1486 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
WA No.1486 of 2022
versus
D.Chakkaravathi ... Respondent
PRAYER: Writ Appeal filed against the order of the learned Single Judge in WP No.8649 of 2020 dated 02.08.2021.
1/5
WA No.1486 of 2022
For the Appellants :Mr.V.Manoharan Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
The Writ Appeal is filed against the order of the learned Single Judge in WP No.8649 of 2020 dated 02.08.2021.
appearing for the appellant Department, on instructions, fairly stated that the order under challenge before the writ court is the impugned suspension order against the respondent and the said order came to be quashed by the Writ Court and the Writ Court had directed the appellant Department to reinstate the respondent herein in service. Challenging the said order of the writ court, the appellant Department has preferred the present intra-court.
2/5
WA No.1486 of 2022
superannuation on 31.10.2023 and subsequently, another suspension order has been passed, to not to permit the respondent to retire from service and therefore, the said order passed by the writ court for reinstatement in service could not be executed by the appellant Department. He further submits that the respondent has not challenged the subsequent suspension order. Further, in such circumstances, he also fairly states that the appellant Department undertakes to conclude the disciplinary proceedings, at the earliest, within a stipulated time granted by this Court.
"Where a Government Servant has been suspended on disciplinary proceedings contemplated, such proceedings should be initiated immediately and finalized normally within a period of six months."
3/5
WA No.1486 of 2022
concluded the said disciplinary proceedings within the time limit prescribed under the Government Order. Therefore, we direct the appellant department to conclude the said disciplinary proceedings, as early as possible, within a period of three months, from the date of receipt of a copy of this order, after following the procedure as contemplated under the Rules.
shall be no order as to costs.
[D.K.K., J.] [K.B., J.] 06.06.2024
Index : Yes/No Neutral Citation : Yes/No mrn
4/5
WA No.1486 of 2022
D.KRISHNAKUMAR, J. and K.KUMARESH BABU, J.
(mrn)
WA No.1486 of 2022
06.06.2024
5/5
1 issue framed by the court
Whether the writ appeal challenging quashing of a suspension order and reinstatement should be disposed of given the respondent's superannuation and pending disciplinary proceedings.
The Director of Town Panchayats Urban Building Complex
The Additional Director of Town Panchayat Cuddalore Zone Cuddalore District
The District Collector Cuddalore District
D.Chakkaravathi
D.Krishnakumar
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
