R.SWAMINATHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus calling for the records connected with the proceedings of the 2nd respondent in Na.Ka.No.7446.12/SaVuThi/PaOE1 dtd. 21/5/2020 and quash the same as illegal, incompetent, without jurisdiction and further direct the respondents to regularize the period of suspension of the petitioner from 1/8/2012, till the date of reinstatement into service as duty period with all service as well as monetary benefits within a period fixed by this Court.

(2.) The petitioner joined in service as Noon meal organiser in Government High School, Alanthur Municipality, Kancheepuram District in the year 1991. A criminal case was registered against the petitioner in the year 2012. The petitioner was arrested by the Inspector of Police, CSCID, Chennai, for offences under Sec. 6(4) of Tamil Nadu Scheduled Commodities (Regularization of Distribution by Card System) Order 1982 r/w 7(1) a(ii) of Essential Commodities Act 1955 and 248(1) of Cr.P.C., 1972. Pursuant to the registration of criminal case, the petitioner was suspended from service by an order of the 2nd respondent w.e.f. 1/8/2012. The order was also subsequently extended by the 2nd respondent.

(3.) It is admitted that the criminal case registered against the petitioner ended in acquittal by judgment in C.C.No.137 of 2018 by the learned Judicial Magistrate No.1, Kanchipuram, dtd. 31/5/2018. Even after the order in criminal case, acquitting the petitioner from the criminal charges, the petitioner was not reinstated despite several representations having been made by the petitioner. Hence, a writ petition in W.P.No.7022 of 2019 was filed before this Court for issuance of a Writ of Mandamus directing the 2nd respondent to consider the representation of the petitioner and to review the order of suspension. This Court after hearing the case, passed the following order: