1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9108 of 2011 And M.P.(MD).No. 1 of 2011 T.Anandakumar ... Petitioner -Vs- 1. The Joint Director, (Formerly designated as District Revenue Officer) Kallar Reclamation, Madurai - 625 020 2. S.Somasundaram (Former District Revenue Officer Kallar Reclamation) District Excise Officer Collectorate Buildings Chennai ... 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 relating to proceedings in Proc.No. H7/25855/2010, dated 09.12.2010, on the file of the first respondent and to quash the same and directing the first respondent to re- instate the petitioner in his regular post as Junior Assistant, in the Office of the first respondent with all benefits within a time frame. For Petitioner : Mr.P.Jessi Jeeva Priya For Respondents: Mr.T.S.Mohamed Mohideen Additional Government Pleader O R D E R The impugned order of suspension reads as follows:- "Whereas an enquiry into grave charges against Thiru. Anandakumar working as Junior Assistant in Government Kallar High School, Poosalapuram in Madurai District is contemplated. And whereas in the circumstances of the case, it is necessary in the public interest to place the said Thiru. T.Anandakumar under suspension from service due to misappropriation of Retirement Monetary Benefit relates to Mrs.Pandiammal, Retired Teacher and Encashment of Earned Leave relates to Mrs.Pushparani, https://hcservices.ecourts.gov.in/hcservices/ 2 Teacher, etc., and manipulation of Government Records. Now, therefore, under sub-rule(e) of Rule 17 of Tamilnadu Civil Services (Discipline and Appeal) Rules, the said Thiru. T.Anandakumar is with immediate effect from the date of his relief from duty, placed under suspension from service, until further orders from this office. During the period of suspension, the said Thiru.T.Anandakumar will be paid subsistence allowance and dearness allowance as admissible under Fundamental Rule 53(1). During the period of suspension, the Headquarters of the said Thiru.T.Anandakumar shall be Madurai and the said Thiru.T.Anandkumar shall not leave from the Headquarters without obtaining prior permission of the authority concerned." 2. Material on record also disclose that after considering the explanation submitted by the petitioner in two memos, dated 13.01.2000 and 04.08.2010, specific charges have been formulated, on 10.05.2011 in R.C.No. H 7 / 25855/2010, under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The charges levelled against the petitioner are as follows:- Charge 1: Xa;t [ bgw;w jiyik Mrphpah; jpUkjp.ghz;oak;khs; vd;gtUf;F gzpf;bfhil U:/ 315495-- f;F gl;oay; jahh; bra;ag;gl;L rk;gsf; fzf;F mYtyfj;jpy; rkh;g ;gpf ;fg ;gl;ljpy; ,uz;L t';fpf ; fzf;Ffspy; mjhtJ jiyik Mrphpahpd; fzf;fpy; U:/ 305495--k; Fw;w mYtyuhd jpU/j/Mde;jFkhh; vd;gthpd; t';fpf; fzf;fpy; :U/10.000-- k; tut[ itf;fg;gLk;goaha; jpl;lkpl;L gpshg;gp jahh; bra;ag;gl;L gzk; ifahly; bra;jJ/ Charge 2: Xa;t [ bgw;w gpuhJfhud;gl;o jiyik Mrphpah; jpUkjp/g[c ;guhzp vd;gtUf;F gzpf;nfhil epYitj; bjhif U: 3153-- f;F gl;oay; jahh; bra;J rk;gsf; fzf;F mYtyfj;jpy; rkh;g ;gpf ;fg ;gl;ljpy; gpshg;gpapy; MrphpauJ t';fpf ; fzf;F vz;iz gjpt[ bra;ahky; Fw;w mYtyuhd jpU/j/Mde;jFkhh; vd;gth; jdJ t';fpf; fzf;F vz;iz gjpt[ bra;J Kiwnflhf rkh;g ;gpj;J ECS Kyk; gzk; ifahly; bra;jJ/ Charge 3: jpU/j/Mde;jFkhh; ,sepiy cjtpahsuhfg; (fhrhsuhfg;) gzpahw;wpa rkak; guhkhpj;J te;j MTC 70 gjntL (15/06/2009 Kjy; 22/10/2009 tiu) (gzpKiwnfL eilngw;w fhyj;jpw;FhpaJ) xd;iw jw;nghija gzpahshplk; (fhrhshplk;) xg;gilf;fhky; mYtyfj;jpypUe;J fsthor; brd;wJ/ https://hcservices.ecourts.gov.in/hcservices/ 3 Charge 4: jpU/j/Mde;jFkhh; ,sepiy cjtpahsh; k PJ xG';F eltof;if bjhlh;ghf guhkhpf;fg ;gl;L te;j nfhg;g [ (vz;/vr; 7/3096/2010) xg;g [jYf;fhf fz;fhzpg;ghsh; nkiIapy; itf;fg;gl;oUe;j nghJ 31/03/2010 md;W jpUor; brd;wJ/ 3. The petitioner has also submitted his explanation on 24.06.2011. The charge memorandum discloses, allegations of misappropriation. The contention of the petitioner that there was no misappropriation and that the amounts referred to in the charge memorandum, were deposited by the second respondent erroneously into the credit of the petitioner's salary account and that it was later on withdrawn and handed over to the second respondent and in such, the petitioner had not committed any misappropriation, are all matters of evidence before the disciplinary / appointing authority. When the petitioner has already submitted the explanation to the charge memorandum stated supra, this Court cannot be converted as the enquiry officer, to record any finding of fact. The impugned order of suspension, is not assailed on the ground of jurisdiction. Therefore, the facts and circumstances of the case, there is no manifest illegality and that the order does not require interference. However, considering the fact that the petitioner is under suspension from 09.12.2010 and considering the fact that the explanation, dated 24.06.2011 has also been submitted to the Joint Director, Kallar Reclamation, Madurai to the charges stated supra, the disciplinary authority is directed to complete the enquiry within a period of three months from the date of receipt of a copy of this order. As the petitioner himself has come forward to participate in the enquiry proceedings, he shall not protract the proceedings except for genuine and reasonable cause. The contention of the learned counsel for the petitioner since 09.05.2010, the petitioner has not been paid subsistence allowance, shall be considered by to the appointing/disciplinary authority. It is well settled that an employee during suspension is entitled to allowance in accordance with the rules. 4. With the abovesaid observations and directions, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1. The Joint Director, (Formerly designated as District Revenue Officer) Kallar Reclamation Madurai - 625 020 2. S.Somasundaram (Former District Revenue Officer Kallar Reclamation) District Excise Officer Collectorate Buildings Chennai +1cc to Mr.S.Subbiah, Advocate, Sr.No.27507 +one cc to Special Government Pleader, Sr.No. 27759 W.P.(MD).No.9108 of 2011 And M.P.(MD).No. 1 of 2011 12.08.2011 vsg SMA/23.8.2011/5C/4P https://hcservices.ecourts.gov.in/hcservices/