1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8975 of 2011 and M.P.(MD).No.1 of 2011 S.Jeyamani ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Block Development Officer (Village Panchayat), Sedapatti Panchayat Union, Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the 1st respondent in his proceedings Na.Ka.No.35205/2011U.Va. 8, dated 23.06.2011 served to the petitioner on 01.08.2011 and quash the same as illegal. For petitioner : Mr.M.Ajmal Khan For respondents : Mr.B.Pugalenthi, Special Government Pleader ORDER Challenge in this writ petition is to an order, dated 23.06.2011, passed by the District Collector, Madurai, suspending the petitioner for certain lapses/irregularities. Mr.M.Ajmal Khan, learned counsel for the petitioner submitted that the impugned order of suspension has been made without indicating, as to whether an enquiry into the grave charges against the petitioner is contemplated or not. The order is also assailed on the ground of violation of principles of natural justice, as it could be construed from the language of the order that it is only a penalty and suspension has not been made as an interim measure. Except the above, no other arguments have been urged. 2.Perusal of the impugned order of suspension shows that during inspection made on 27.05.2011, the Block Development Officer (Village Panchayat), Sedapatti Panchayat Union, Madurai District, has found out of 326 workers engaged to work under the NREGS scheme, only 35 workers were present and 291 workers were absent. Therefore, a report, in this regard, was submitted by the Block Development Officer (Village Panchayat), Sedapatti Panchayat Union, Madurai District, the second respondent herein. In yet another inspection made on 31.05.2011 by the Assistant Project Officer for NREGS scheme, Madurai, it was found that attendance register was not closed till 4.30 pm. Therefore, on the above said facts and also taking note of the fact that signatures were made in the employment card by the husband of the Panchayat President and the petitioner has failed to bring it to the notice of the higher authorities, the District Collector, Madurai District, the first https://hcservices.ecourts.gov.in/hcservices/ 2 respondent herein, has suspended the petitioner from 23.06.2011. 3.The contention that the impugned order of suspension does not indicate any contemplation of an enquiry or pendency of charges and therefore, the impugned order has to be construed only as penalty, cannot be countenanced, in view of the settled position of law that the omission of the words like, contemplation of enquiry/pendency of charges, etc, are not relevant, while testing the correctness of an order of suspension. What is required to be considered is whether the authority has jurisdiction to pass an order of ad-interim suspension or it is made mala fide or contrary to any statutory rules. Even administrative instructions do not have the force of law. 4.Having regard to the doubt in the mind of the petitioner that the impugned order is only a penalty, without conducting any detailed enquiry or providing an opportunity to the petitioner, a direction is issued to the District Collector, Madurai District, the first respondent herein, to clarify the same to the petitioner, as expeditiously as possible. The impugned order of suspension cannot be said to be wholly without jurisdiction. Hence, the writ petition is dismissed with the above direction. Consequently, connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS) To 1.The District Collector, Madurai District, Madurai. 2.The Block Development Officer (Village Panchayat), Sedapatti Panchayat Union, Madurai District. +1cc to Mr.M.Ajmal Khan, Advocate, SR.No.27231 gcg GH : 12.08.2011 : 2p/4c W.P.(MD).No.8975 of 2011 10.08.2011 https://hcservices.ecourts.gov.in/hcservices/