DISTRICT COLLECTOR CUDDALORE Vs. V.VIMAL

JUDGEMENT

(1.) The respondent has filed a Writ Petition seeking for a direction to the appellants herein, to pay subsistence allowance at the rate of 75% with effect from 01.07.2014. Learned Single Judge, by order dated 01.04.2019, allowed the writ petition with directions to reinstate the respondent/writ petitioner. Aggrieved by the said order, directing reinstatement of the respondent/writ petitioner in any one of the non- sensitive post till the completion of the disciplinary proceedings as well as the criminal case registered against him, the District Collector, Cuddalore and the Personal Assistant (General) to the Collector, Cuddalore/the appellants herein, filed the present appeal.

(2.) The facts leading to the writ petition are that the respondent as a Junior Assistant in the office of the Special Tahsildar, Adi Dravidar Welfare Board, Chidambaram, was placed under suspension on 27.12.2013 by the Personal Assistant (General) to the Collector, Cuddalore, Cuddalore District/second appellant. According to the respondent, his superior S.Thillai Govindan was placed under suspension on the basis of some allegations and that he filed W.P.No.34562 of 2015 and vide order dated 29.10.2015, writ court directed his representation to be considered. Thereafter, the respondent herein, filed W.P.No.20502 of 2016 seeking reinstatement. On 17.06.2016, this court passed the following order:-

(3.) By observing that the writ petitioner was under suspension from 27.12.2013, which is prolonged and that keeping an employee under suspension for an unspecified period would not serve any purpose, writ court, vide order dated 01.04.2019, in W.P.No.32671 of 2018, set aside the suspension and directed reinstatement of the respondent in any one of the non-sensitive post, till the conclusion of the departmental disciplinary proceedings. Being aggrieved, Writ Appeal is filed on the following grounds:-