1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.816 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 V.Ramakrishnan : Appellant / Petitioner Vs. 1.The District Collector, Dindigul District, Dindigul. 2.The District Supply Officer, Dindigul. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 08.07.2011 made in W.P.(MD).No.7080 of 2011 on the file of this Court. Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified Mandamus calling for the records relating to the impugned order of suspension of the first respondent in ref.ROC.No.7614/11/A1 dated 25.02.2011 with retrospective effect as illegal and the consequent impugned order of the first respondent in ref.Na.Ka.No.7614 /2011/A1 dated 28.5.2011 and quash the same and consequently direct the respondents herein to treat the period of suspension ad duty with all monetary and service benefits. For Appellant : Mr.A.Thirumurthy JUDGMENT [Judgment of the Court was delivered BY M.M.SUNDRESH, J.] Challenging the order of suspension, the appellant herein has filed W.P.(MD).No.7080 of 2011. The learned Single Judge, by order dated 08.07.2011, has dismissed the said Writ Petition by holding that inasmuch as the first respondent is the Competent Authority to pass the order of suspension, no interference is required. Being aggrieved by the order of the learned Single Judge, the present Writ Appeal has been filed by the appellant. 2. Mr.A.Thirumurthy, learned counsel appearing for the appellant, has submitted that a Miscellaneous Petition has been filed by the appellant seeking to implead the proposed respondent as a party to the proceedings in order to establish the fact that at his instance, https://hcservices.ecourts.gov.in/hcservices/ 2 the entire proceedings have been initiated. The learned counsel has further submitted that considering the fact that the appellant was under imprisonment for less than 48 hours, the suspension order passed by the first respondent with retrospective effect cannot be sustained. 3. Admittedly, the first respondent is the competent authority to pass the order of suspension. The order of suspension has been passed by taking note of the report of the second respondent as well as the report of the Deputy Superintendent of Police, Vigilance and Anti Corruption. Since simultaneously, criminal proceedings and departmental proceedings have been initiated as against the appellant in view of the allegations levelled against him, the order of suspension has been passed. 4. The learned Single Judge, by taking note of the said facts and relying upon the Judgments of this Court, has rightly dismissed the said Writ Petition. A mere filing of an application to implead the proposed party to contend that at his instance, the first respondent has passed the order of suspension would not sufficient, as any allegation of mala fide has to be established. Further, the proposed party is a subordinate officer to the first respondent and there is no material to hold that the proceedings are initiated at his instance. This Court also cannot conduct a roving enquiry over the same more so, when there are other materials available. Hence, we do not find any reason to interfere with the order of the learned Single Judge. Therefore, the Writ Appeal stands dismissed. However, taking note of the fact that the appellant has been agitating his rights by way of filing Writ Petition previously and subsequently, the first respondent is directed to complete the enquiry and pass final orders within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul. 2.The District Supply Officer, Dindigul. +1cc to Mr.A.Thirumurthy, Advocate, Sr.No.29319 JUDGMENT MADE IN W.A.(MD).No.816 of 2011and MP(MD)Nos.1 and 2 of 2011 26.08.2011 nb/SMA/13.9.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/