1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.46 of 2011 and M.P.(MD)Nos.1 to 3 of 2011 S.Ganesan : Petitioner vs. 1.The Executive Officer, Town Panchayat, Sivagiri, Tirunelveli District. 2.The Assistant Director of Panchayat, Tirunelveli, Tirunelveli District. 3.The District Collector, Tirunelveli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in Na.Ka.No.715/2007, dated 22.02.2010 on the file of the first respondent, quash the same and consequently, appoint the petitioner as office first respondent office. For Petitioner : Mr.M.Veilkani Raju For Respondent No.1 : Mr.P.Thilakkumar For Respondents 2&3 : Mr.T.S.Mohammed Mohideen Additional Government Pleader ****** ORDER ******* The petitioner was a Night Watchman in Sivagiri Town Panchayat. By the impugned order dated 22.02.2010, he was placed under suspension for being unauthorisedly absent from 01.12.2009 and he has also not submitted his contact address during the above said period. The petitioner, challenging the said suspension order, has filed the present Writ Petition. He has also made a request for payment of subsistence allowance during the pendency of suspension. 2. In the meanwhile, the respondents, by an order dated 02.09.2010, had framed a charge sheet against the petitioner, for which, the petitioner has given a reply dated 30.10.2010. Notwithstanding the same, he has now chosen to question the suspension order dated 22.02.2010. 3. When the Writ Petition came up on 04.01.2011, notice of motion was ordered. In the applications for grant of stay and direction https://hcservices.ecourts.gov.in/hcservices/ 2 for payment of subsistence allowance, no orders have been passed. On notice from this Court, the first respondent filed a counter-affidavit dated-Nil (August, 2011) and in paragraph No.4, it was stated as follows: "It is submitted that from 01.12.2009, the petitioner remained absent. The absent is unauthorized as such he has been kept under suspension. We have taken all the efforts to serve the notice on this petitioner, but he is not available in the address. The petitioner was a night watchman. He is duly bound to be present at his work. The charges served in the petitioner on 02.09.2010. Moreover there was no leave letter presented before the Office on 01.12.2009, as alleged in paragraph 4 of the affidavit." 4. In the light of the stand taken by the first respondent, it is not a fit cast to interfere with the suspension order. However, considering the fact that the petitioner was only a Night Watchman and his suspension has been pending for more than one and half years, a direction is issued to the first respondent to complete the enquiry and pass appropriate 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. The petitioner is also directed to co-operate with the same. 5. With reference to the payment of subsistence allowance, it is needless to state that the first respondent has to pay subsistence allowance and even if no payments are made, it is not as if the petitioner has no other remedy. Under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (Tamil Nadu Act 43 of 1981), the petitioner can approach the jurisdictional Assistant Commissioner of Labour for claiming the subsistence allowance for the entire period of suspension. 6. With the above directions, the Writ Petition stands dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. SML Sd/- Assistant Registrar[AE] /True copy/ To Sub Assistant Registrar 1.THE EXECUTIVE OFFICER, TOWN PANCHAYAT, SIVAGIRI, TIRUNELVELI DISTRICT. 2.THE ASSISTANT DIRECTOR OF PANCHAYAT, TIRUNELVELI, TIRUNELVELI DISTRICT. 3.THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT. +1 CC TO SPECIAL GOVERNMENT PLEADER, SR.NO.35842. Order made in W.P.(MD)No.46 of 2011 Dated:14.10.2011 2P/5C RPB : 28.10.2011 https://hcservices.ecourts.gov.in/hcservices/