R.M.Prabhakaran v. The Joint Director
Service law – Prolonged suspension – Writ of Mandamus under Article 226
Case brief
What is this about?
Prolonged suspension revocation; reinstatement denied due to gravity of charge; charge memo not issued for more than one year; departmental proceedings during pendency of criminal case not barred; common witnesses in criminal case and departmental enquiry; subsistence allowance at 75%; answer script interchange scam Higher Secondary Examination 2023; CBCID Cr.No.1 of 2024 / Cr.No.1 of 2023; C.C.No.355 of 2025 Judicial Magistrate No.4 Madurai; time-bound directions (two months for witness examination, six months for enquiry); Article 226 writ of mandamus; Madras High Court Madurai Bench; B.Pugalendhi J.; WA.No.240 of 2021 referred by petitioner.
What did the court decide?
Mandamus as prayed for (revocation of suspension and reinstatement) was NOT granted. The writ petition was disposed of with directions: (i) Department to issue the charge memo forthwith; (ii) copy of the order to be placed before the Judicial Magistrate No.4, Madurai; (iii) the Magistrate to examine the named common witnesses within two months; (iv) departmental enquiry to be completed within six months. No costs.