High Court dismissed writ petitions regarding delayed posting, non-payment of salary, and suspension orders preventing retirement benefits, directing the Disciplinary Authority to complete the inquiry.
Direction to complete inquiry within three months and pass orders on merits.
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.
W.P.Nos.9045 of 2020 & 22826 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE VIVEK KUMAR SINGH
W.P.Nos.9045 of 2020 & 22826 of 2022 and W.M.P.No.11005 of 2020 & 21854 of 2022
M.Jayaraman
...Petitioner in both W.Ps.
-Vs-
2.The Director, Department of Rural Development and Panchayat Raj, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Saidapet, Chennai 600 015.
3.The District Collector, Dharmapuri District, District Collectorate, First Floor, Main Building, Salem Main Road, Dharmapuri 636 705. ... Respondents in W.P.No.9045 of 2020
The District Collector, Dharmapuri District, District Collectorate, First Floor, Main Building,
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W.P.Nos.9045 of 2020 & 22826 of 2022
Salem Main Road, Dharmapuri 636 705.
... Respondent in W.P.No.22826 of 2022
Prayer in W.P.No.9045 of 2020: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to give a fresh posting with effect from 01.12.2020 in the Department of Second respondent to the petitioner and also to direct the respondents to release all the benefits including payment of salary and other emoluments with effect from 30.11.2019 till date of posting that the petitioner would be entitled to in accordance with law.
Prayer in W.P.No.22826 of 2022: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records and to quash the impugned orders of suspension vide ROC No.24580/2021/K1 dated 27.09.2022 served on 28.06.2022 and vide ROC No.24580/2021/K1 dated 29.06.2022 served on 30.06.2022 on the date of retirement (Superannuation) issued by the respondent against the petitioner and also direct the respondent to release all the retirement benefits including future pension due to the petitioner or he would be entitled to in accordance with law.
In both W.Ps.
For Petitioner : Mr.P.J.George For Respondents : Mr.R.U.Dinesh Raj Kumar, AGP
COMMON ORDER
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W.P.Nos.9045 of 2020 & 22826 of 2022
Writ Petition in W.P.No.9045 of 2020 is filed seeking a direction to the
respondents to give a fresh posting with effect from 01.12.2020 in the Department of Second respondent to the petitioner and also to direct the respondents to release all the benefits including payment of salary and other emoluments with effect from 30.11.2019 till date of posting that the petitioner would be entitled to in accordance with law.
Writ Petition in W.P.No.22826 of 2022 is filed seeking quashment of the impugned orders of suspension vide ROC No.24580/2021/K1 dated 27.09.2022 served on 28.06.2022 and vide ROC No.24580/2021/K1 dated 29.06.2022 served on 30.06.2022 on the date of retirement (Superannuation) issued by the respondent against the petitioner and consequently, to direct the respondent to release all the retirement benefits including future pension as the petitioner would be entitled to in accordance with law.
W.P.Nos.9045 of 2020 & 22826 of 2022
as Block Development Officer, Morappur, Dharmapuri District. By the proceedings of the District Collector, Dharmapuri District, dated 30.11.2019, One R.Ganesan was posted as Block Development Officer, Morappur, Dharmapuri District in the place of the petitioner without specifying his further posting and his posting has been kept in abeyance till 26.10.2020. His salary and other emoluments have not been paid from 01.12.2019 to 05.06.2020. Since the petitioner did not receive any order of his re-posting, he was forced to send a registered letter dated 08.05.2020 to the District Collector, Dharmapuri District and till 22.05.2020, he has not received any reply. Thereafter, he gave a representation dated 22.05.2020 to the Director of Rural Development and Panchayat Raj, Chennai. On 26.05.2020, the petitioner received an information vide letter N.K.No.9561/2017/K1 dated 23.05.2020 stating that he was involved in the scandal for installing tower lights of high rise from the general fund of Panchayat when he was working as Block Development Officer, Pappireddipatti, Dharmapuri District. As per the Service Rules of the Tamil Nadu Panchayat Development covering Block Development Officer, Deputy Block Development Officer and Extention Officer – Special Rules, the District Collector, Dharmapuri District is required to have given a new posting within a period of 6 months from the order dated 30.11.2019. The petitioner would have attained superannuation on 30.06.2020 but in view of G.O.Ms.No.51, dated
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W.P.Nos.9045 of 2020 & 22826 of 2022
07.05.2020, all teaching and non-teaching staff including the petitioner have been given one more year period to serve in the Department. Since the petitioner has not been given a new posting by the District Collector, Dharmapuri District, he has filed W.P.No.9045 of 2020 seeking a direction to the District Collector, Dharmapuri District, to give him a suitable posting.
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W.P.Nos.9045 of 2020 & 22826 of 2022
retirement. In the second order dated 29.06.2022, it was stated that the petitioner would be retained in service until conclusion of the inquiry by the Vigilance and Anti Corruption Department. Hence, the petitioner filed W.P.No.22826 of 2022 seeking quashment of the suspension orders.
25.11.2024
Internet: Yes Index : Yes/No vkr
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W.P.Nos.9045 of 2020 & 22826 of 2022
To
1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
2.The Director, Department of Rural Development and Panchayat Raj, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Saidapet, Chennai 600 015.
3.The District Collector, Dharmapuri District, District Collectorate, First Floor, Main Building, Salem Main Road, Dharmapuri 636 705.
VIVEK KUMAR SINGH. J,
vkr
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W.P.Nos.9045 of 2020 & 22826 of 2022
W.P.Nos.9045 of 2020 & 22826 of 2022 and W.M.P.No.11005 of 2020 & 21854 of 2022
25.11.2024
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1 issue framed by the court
Whether the Court should interfere in a service inquiry already seized by the Disciplinary Authority.
M. Jayaraman
The State of Tamil Nadu
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
