Dismissed

S.Arulananthu, v. the District Collector

Madras HC19 Nov 2024WP(MD)/13211/2019

Case brief

AI extract

What is this about?

The petitioner challenged his dismissal from service due to conviction under the Prevention of Corruption Act. The High Court held that statutory appeal was available, dismissing the writ and directing the petitioner to approach the appellate authority within two weeks.

What did the court decide?

Petitioner directed to file a statutory appeal before the District Collector within two weeks.

S.Arulananthu, Vs the District Collector — Service and Employment | Madras HC (2024)

¶1

W.P(MD)No.13211 of 2019

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 19.11.2024

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

¶6

W.P(MD)No.13211 of 2019 and WMP(MD) No.9849 of 2019

¶7

S.Arulananthu ... Petitioner

¶8

¶9

1.The District Collector, Sivagangai District, Sivagangai.

¶10

2.The Special Officer/N.Melayur, Block Development Officer, Kallal East Union, Sivagangai District. ...Respondents

¶11

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent in his proceedings in Na.Ka.No.B3/947/2019, dated 31.05.2019 quash the same and consequently direct the respondents to reinstate the petitioner into service with all back wages and service benefits.

¶12

For Petitioner : Mr.D.Selvanayagam

¶13

https://www.mhc.tn.gov.in/judis

¶14

1/5

¶15

W.P(MD)No.13211 of 2019

¶16

For Respondents : Mr.K.Balasubramani Special Government Pleader

¶17

O R D E R

¶18

This writ petition has been filed challenging the order of

¶19

dismissal passed by the Block Development Officer, Kallal East Union, Sivagangai District.

¶20

2.The case of the petitioner is that he was appointed as a

¶21

Panchayat Clerk on 21.02.1997. While he was in service, he was caught red-handed in the trap fixed by the Vigilance and AntiCorruption Department for the demand and acceptance of bribe amount for a sum of Rs.1,000/- from one of the beneficiary of the Chief Minister Solar Power Green House Scheme for construction of a house. The criminal prosecution initiated as against this petitioner in Spl.CC No.77 of 2014 was ended with a conviction and he was sentenced to undergo a rigorous imprisonment of three years by the learned Special Court for trial of Cases under Prevention of Corruption Act, Sivagangai, based on which, the petitioner was dismissed from service by the order impugned in this writ petition.

¶22

2/5

¶23

https://www.mhc.tn.gov.in/judis

¶24

W.P(MD)No.13211 of 2019

¶25

3.Today(19.11.2024), when this writ petition is taken up for hearing, the learned Special Government Pleader appearing for the respondents submits that as against the order of punishment imposed by the Disciplinary authority, the petitioner is having an appeal remedy before the District Collector, Sivagangai/the first respondent. However, without invoking the appeal remedy, which is available in the statue, the petitioner has erroneously filed this writ petition. Therefore, a suitable direction may be issued to the petitioner to approach the appellate authority.

¶26

4.Since the petitioner is having an appeal remedy, this writ petition is dismissed with liberty to the petitioner to file a statutory appeal before the Appellate Authority/the first respondent herein, within a period of two weeks from the date of receipt of a copy of this order. In the event, if any such appeal is filed within the time prescribed by this Court, the Appellate Authority/the District Collector, Sivagangai shall entertain the same without insisting on the limitation and endeavour to conclude the appeal proceedings as

¶27

3/5

¶28

https://www.mhc.tn.gov.in/judis

¶29

W.P(MD)No.13211 of 2019

¶30

expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.

19.11.2024

NCC:Yes/No Index:Yes

vrn

1.The District Collector, Sivagangai District, Sivagangai.

¶36

2.The Special Officer/N.Melayur, Block Development Officer, Kallal East Union, Sivagangai District.

¶37

4/5

¶38

https://www.mhc.tn.gov.in/judis

¶39

W.P(MD)No.13211 of 2019

¶40

B.PUGALENDHI, J.

¶41

vrn

¶42

Order made in W.P(MD)No.13211 of 2019 and WMP(MD) No.9849 of 2019

¶43

19.11.2024

¶44

5/5 https://www.mhc.tn.gov.in/judis

S.Arulananthu, v. the District Collector

Case brief

What is this about?

What did the court decide?

S.Arulananthu, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Karthikeyan.M Vs Tamil Nadu State Marketing Corporation

Mariselvam.K Vs The Director of Backward Class Welfare

A.R.Senthil Kumar, Vs State of Tamil Nadu Rep. by

R.C.Rajan Vs the State of Tamil Nadu

Meenakshisundaram.B Vs the Agriculture Production Commissioner

Chockalingam .S.P Vs Indian Overseas Bank Limited