1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8845 of 2011 And M.P.(MD).No. 1 of 2011 I.Arun ... Petitioner -Vs- 1. The Commissioner Hindu Religious and Charitable Endowment Nungambakkam, Chennai - 600 034 2. The Joint Commissioner Hindu Religious and Charitable Endowment, Trichy - 06 3. Thiru.A.Ilamparithi, The Joint Commissioner Hindu Religious and Charitable Endowment, Trichy - 06 4. The Assistant Commissioner Hindu Religious and Charitable Endowment, Trichy - 06 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records of impugned order bearing R.C.No.6309/2011/B3 dated 13.07.2011 passed by the third respondent and quash the same and consequently direct the respondent to reinstate the petitioner into service with all consequential service benefits. For Petitioner : Mr.M.Gnanagurunathan For Respondents : Mr.B.Pugalenthi, Special Government Pleader O R D E R Challenge in this Writ Petition is to an order of suspension, dated 13.07.2011, passed by the Joint Commissioner, Hindu Religious and Charitable Endowment, Trichy - 06. The only ground on the basis of which, the correctness of the impugned order assailed is mala fide. 2. In support of the same, taking this Court through the contents of the letter, dated 15.06.2011, sent by the petitioner to the Joint Commissioner, Hindu Religious and Charitable Endowment, Trichy - 06, the third respondent herein, wherein the petitioner has submitted that on 13.06.2011, when he was on duty, the Joint Commissioner, Hindu Religious and Charitable Endowment, Trichy - 06, and the Assistant Commissioner, Hindu Religious and Charitable Endowment, Trichy - 06, respondent Nos. 3 & 4, had taken the petitioner from the temple festival to the Office and scolded him in unparliamentary words and thereafter obtained signatures from the petitioner and referring to the allegations contained in the charge memorandum issued in the proceedings No. 6309/2011/B.3, dated https://hcservices.ecourts.gov.in/hcservices/ 2 13.07.2011, issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, Mr.M.Gnanagurunathan, learned counsel for the petitioner contended that most of the allegations contained in the abovesaid memorandum, pertain to certain alleged lapses / irregularities, said to have been committed by the petitioner, on 13.06.2011 and in the abovesaid circumstances, it could be deduced that the impugned order of suspension is actuated by malice in fact and on that score, prayed for interference. 3. Though the petitioner has alleged that he was scolded in unparliamentary words and that there was ill-motive in issuing the impugned order of suspension, this Court is not inclined to subscribe to the said contentions for the reason that a copy of the letter, dated 15.06.2011, has been sent to the Commissioner, Hindu Religious and Charitable Endowment, Chennai - 600 034, the Head of the department and competent authority, to consider the same and take appropriate decision, if there was any motive to pass the impugned order of suspension. The Commissioner of Hindu Religious and Charitable Endowment Board has already been impleaded as a party respondent in this Writ Petition. In such view of the matter, it would be premature to arrive at the conclusion, of mala fide, when the matter had already been brought to the notice of the first respondent, the head of the department. Further, factual aspects cannot be gone into, at this stage, when disciplinary proceedings have already been initiated levelling specific charges. 4.Excepting the abovesaid ground relating to mala fide, no other point has been urged before this Court. Though the petitioner has questioned the power and authority of the Joint Commissioner, Hindu Religious and Charitable Endowment, Trichy - 06, in suspending the petitioner, no arguments were addressed. 5.As proceedings have already been initiated, this Court is not inclined to interfere with the impugned order of suspension. Hence, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. SD ASST REGISTRAR ( Records ) /TRUE COPY/ SUB ASST REGISTRAR vsg To 1. The Commissioner, Hindu Religious and Charitable Endowment Nungambakkam, Chennai - 600 034 2. The Joint Commissioner Hindu Religious and Charitable Endowment, Trichy - 06 3. The Assistant Commissioner Hindu Religious and Charitable Endowment, Trichy - 06 1CC TO THE SPL. GOVT PLEADER SR: 26877: DM::2011:AUGUST:22:: W.P.(MD).No.8845 of 2011 2P:5C:: 08.08.2011 https://hcservices.ecourts.gov.in/hcservices/