1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.13230 of 2011 and M.P.(MD) No.1 of 2011 P.Ranjithkumar : Petitioner Vs. 1.The Assistant Executive Engineer / Electricity, Tamil Nadu Electricity Board, Samayanallur, Madurai District. 2.The Assistant Engineer, Tamil Nadu Electricity Board, Palamedu, Madurai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for records relevant to the order in Ku.A.No. Assistant Executive Engineer/Electricity/Samayanallur/AE/A.No.568/2011 dated 11.10.2011 passed by the first respondent and quash the same as illegal, improper, unreasonable, arbitrary and against the rule of law and natural justice and thereby directing the respondents to reinstate the petitioner into the service as Meter reader Grade II in the respondent's office from 13.05.2011 and pay back all the service and monetary benefits and pass such further other orders. For Petitioner : M/s.M.V.Muralidaran For Respondents : Mr.C.Selvaraj ORDER The petitioner P.Ranjithkumar has filed the present writ petition challenging the order of suspension dated 11.10.2011 passed by the first respondent with a direction to the respondents to reinstate the petitioner into the service as Meter reader Grade II in the respondent's office from 13.05.2011 and pay back all the service and monetary benefits. 2. The learned Counsel appearing for the petitioner submits that the petitioner has been working as Assessor Grade II in the office of the Assistant Executive Engineer, Tamil Nadu Electricity Board, Palamedu, Madurai District, without any remarks. While so, the petitioner's brother viz., P.Sureshkumar appears to have eloped with one girl by name Abhinaya, daughter of Diraviyam. As they are being major, they decided to marry and also got married at Chennai on 09.05.2011. Their marriage was also registered by the Sub-Registrar, Royapuram, Chennai, and to that effect a Marriage Certificate bearing Registration No.1373 of 2011, dated 09.05.2011 was also issued. However, a police complaint was made before the Palamedu Police Station on 13.05.2011. On enquiry, it transpires that the said Abhinaya's father Diraviyam has given a false complaint on 11.05.2011 to the Inspector of Police, Palamedu Police Station alleging that the petitioner's brother P.Sureshkumar has kidnapped her daughter, for which, the petitioner and others were unnecessarily implicated as accused. Subsequently, the petitioner was arrested and later on released on bail by the learned Judicial Magistrate-cum-District Munsiff, Vadipatti, Madurai https://hcservices.ecourts.gov.in/hcservices/ 2 District. Thereafter, on 23.09.2011 the learned Judicial Magistrate-cum- District Munsiff, Vadipatti, Madurai District, has dismissed the complaint on the file of the Palamedu Police Station in Crime No.62 of 2011. 3. Under these circumstances, the crux of the issue lies in the present writ petition is that when the complaint in Crime No.62 of 2011 itself came to be dropped on 07.09.2011 as frivolous and baseless, later on placing the petitioner under suspension on 11.10.2011 by the first respondent Assistant Executive Engineer, Samayanallur, Madurai District, linking to a case that was already dismissed is wholly without any jurisdiction and illegal. 4. The learned Counsel for the petitioner also brought to the notice of this Court a memorandum dated 07.09.2011 issued by the learned Judicial Magistrate-cum-District Munsiff, Vadipatti, Madrai, dropping the case of the petitioner. Therefore, it goes without saying that when the criminal case itself came to be dropped by the competent criminal Court on 07.09.2011, the first respondent should have avoided passing the order of suspension dated 11.10.2011. 5. The learned Counsel appearing for the respondent would further submit that the petitioner, immediately after passing the order of suspension dated 11.10.2011, without making any representation by placing appropriate documents about the dropping of the criminal case before the first respondent, has wrongly come to this Court. Therefore, if the petitioner places all the materials, the first respondent would be in a position to revoke the suspension order. 6. Recording the said submission and also considering that the petitioner has already submitted his detailed representation on 15.10.2011 requesting for reinstatement, this Court directs the first respondent to consider and revoke the order of suspension forthwith on production of the relevant documents viz., the memorandum dated 07.09.2011 issued by the learned Judicial Magistrate-cum-District Munsiff, Vadipatti, Madrai, dropping the case of the petitioner. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Crl Side) /True Copy/ Sub Assistant Registrar srm To 1.The Assistant Executive Engineer / Electricity, Tamil Nadu Electricity Board, Samayanallur, Madurai District. 2.The Assistant Engineer, Tamil Nadu Electricity Board, Palamedu, Madurai District. 1CC TO MR. MV. MURALIDHARAN, ADVOCATE, SR: 42455: 1CC TO MR. C. SELVARAJ, ADVOCATE, SR: 42421: DM:2011:DEC:07:: Order made in W.P.(MD).No. 13230 of 2011 2P:5C:: Dated:- 01.12.2011 https://hcservices.ecourts.gov.in/hcservices/