1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14542 of 2011 and M.P(MD)No.1 of 2011 S.Paulraj :Petitioner -Vs- The District Educational Officer, Thoothukudi District,Thoothukudi. :Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to revoke the order of suspension bearing Na.Ka.No.4052/m1/11, dated 22.07.2011. For Petitioner :M/s.P.Prasanna Vinoth For Respondent :Mrs.S.Bharathi, Government Advocate ORDER The petitioner S.Paulraj, who is working as Watchman in Government High School,Sivakalai, Thoothukudi District was placed under suspension by order, dated 22.07.2011 passed in his proceedings bearing Na.Ka.No.4052 / m1/11, on the ground that he was arrested in pursuant to a criminal case in Cr.No.204 of 2011 filed under Section 294(b), 323, 506(ii) of I.P.C r/w Section 4 of Women Harassment Act and subsequently, he was detained for a period of 48 hours. 2.The learned counsel for the petitioner submits that though the criminal case is relating to personal dispute between the petitioner and one Muthulakshmi, it is nothing to do with the discharge of his official duties. Though the order of suspension is automatic on the ground that the petitioner was arrested and subsequently released on bail after detaining him for a period of 48 hours, the further continuance of suspension order is wholly unnecessary. Therefore, the petitioner has also submitted a representation, dated 20.10.2011. But the said representation have not been taken up for disposal till date and as a result, he has come to this Court with the present Writ Petition. 2.Be that as it may, the petitioner admittedly involved in a personal dispute between Muthulakshmi and himself and as a result, the criminal case was filed in Criminal case in Cr.No.204 of 2011 under Section 294(b), 323, 506(ii) of I.P.C r/w.Section 4 of Women Harassment Act pursuant thereto he was arrested. In the meanwhile, he was also detained for more than 48 hours.As a result, the respondent placed him under suspension. After suspension, for the first six months, he has been getting 50% of the salary by way of Subsistence Allowance, if the order of suspension is not revoked after six months, he will be entitled to 75% and thereafter after completion of one year, he is entitled to get full salary. By taking note of the fact that the dispute between the petitioner and one Muthulakshmi is purely a personal dispute and it is nothing to do with the discharge of the official duty of the petitioner, as the petitioner also restricts his prayer only to dispose of the representation given by him to the respondent on 20.10.2011 to revoke the order of suspension, I do not find any impediment to consider such prayer. https://hcservices.ecourts.gov.in/hcservices/ 2 3.However, the learned Government Advocate appearing for the respondent submits that if reasonable time is granted to dispose of the petitioner's representation, dated 20.10.2011, the same will be considered by the respondent in accordance with law, within the time granted by this Court. 4.Accordingly, this Court being convinced that as there was a personal dispute between the petitioner and one Muthulakshmi which is nothing to do with the discharge of the petitioner's official duty in his office, instead of giving direction to the respondent to consider the representation of the petitioner dated 20.10.2011 for revoking the order of suspension, by taking note of the fact that the petitioner has been paid with salary in the form of subsistence allowance without extracting any work, this Court deems fit to set aside the suspension order and accordingly the same is set aside. 5.In the result, the Writ Petition is allowed directing the respondent to reinstate the petitioner within a period of one week from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To: The District Educational Officer, Thoothukudi District, Thoothukudi. +1CC The Special Government Pleader. SR.No.45009. Vsn RP/26.12.2011/2P/3C. W.P(MD)No.14542 OF 2011 20.12.2011 https://hcservices.ecourts.gov.in/hcservices/