P. BOSE Vs. THE DISTRICT COLLECTOR AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed seeking a writ of Certiorarified Mandamus to call for the records pursuant to the impugned order passed by the first respondent in his proceedings Na.Ka.A7/889/07 dated 12.11.2007 and quash the same and consequently, direct the respondents to treat the period of suspension as duty -period and to grant all attendant and monetary benefits. The case of the petitioner is that the petitioner was appointed as Panchayat Assistant in Manalur Village Panchayat on 01.02.1997. The first respondent by proceedings dated 07.05.2007, transferred the petitioner within the District. Challenging the same, he filed W.P. No. 4537 of 2007, wherein an order of status quo was granted on 16.05.2007. However, the petitioner joined at the transferred place at the instance of the second respondent. Meanwhile, the first respondent passed the impugned order of suspension dated 12.11.2007, stating that the President of Manalur Village Panchayat made a complaint against the petitioner alleging that he misused the Panchayat amounts, besides not handed over the Panchayat records. Aggrieved by the same, the petitioner has filed W.P.(MD)No. 6599 of 2011 before this Court, wherein, this Court, by order dated 23.06.2011, directed the first respondent to consider the representation of the petitioner dated 02.08.2010 seeking revocation of the order of suspension. However, the first respondent issued a show cause notice on 06.02.2012, for which the petitioner has also submitted his explanation on 01.03.2012. The petitioner has suffered the order of suspension since 2007. Therefore, the petitioner has come forward with the present writ petition.

(2.) IN the counter affidavit filed by the respondents 1 and 2, they denied the allegations levelled by the petitioner and accordingly, they prayed for the dismissal of the writ petition.

(3.) I have considered the rival submissions and perused the materials available on record.