P. Balachandran vs The District Manager

T. Raja, J.—Mr. M.Muniyasamy, learned Standing Counsel, takes notice on behalf of the respondent. By consent, the Writ Petition is taken up for final disposal, at the stage of admission itself.

This Writ Petition has been filed by Mr.P.Balachandran, under Article 226 of the Constitution of India, challenging the order of suspension, dated 05.11.2014 passed by the respondent.

Mr.S.C.Mahadevan, learned counsel appearing for the petitioner, would contend that while issuing the suspension order, the respondent has not even come forward to mention in the impugned order that the petitioner would be entitled for subsistence allowance, during the period of suspension. That apart, the respondent has not issued any charge memo and initiated any departmental proceedings.

Heard the learned Standing Counsel appearing for the respondent also.

In similar circumstances, this Court in W.P.(MD)No. 3883 of 2014, dated 05.03.2014, passed the following order:-

"2. In this Writ petition, the petitioner challenged the order of suspension No. 724/A/2013, dated 30.12.2013 passed by the 2nd respondent. The petitioner was working in TASMAC shop and based on certain allegations, he was placed under suspension. Though the Writ petition is filed questioning the order of suspension on merits by contending that the allegations made against the petitioner in the impugned order are not factually correct, I am not inclined to go into the merits of the matter of the simple reason that the impugned order under challenge is only a suspension order and certainly the petitioner is entitled to raise his objections, if the respondents choose to go ahead with the disciplinary proceedings by issuing charge memo etc. Therefore, at this stage, this Court cannot make any observation or express any view on the merits and contentions raised in this Writ petition.

Hence, considering the facts and circumstances of the present case, the respondents are given liberty to go ahead with the disciplinary proceedings and complete the same and pass final orders, in accordance with law within a period of three months, from the date of receipt of a copy of this order. Till the final order is passed in the disciplinary proceedings, as stated supra, the petitioner is entitled to get his subsistence allowance from the respondents. If the respondents do not chose to continue the disciplinary proceedings or do not complete the same within the time stipulated as stated supra, the petitioner is entitled for reinstatement immediately thereafter."

In the light of the above, the respondent is hereby directed to proceed with the disciplinary proceedings and pass final orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. Till such final order is passed in the disciplinary proceedings, the petitioner is entitled to get his subsistence allowance from the date of suspension, including the arrears, if any. If the respondent has not chosen to complete the disciplinary proceedings, within a period of three months, the petitioner is entitled for reinstatement in service, immediately.

The Writ Petition is disposed of, on the above terms. No costs. Consequently, connected Miscellaneous Petition is closed.