IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Manikumar, D. Krishna Kumar, JJ.
The Collector, Krishnagiri & Another - Appellant
Versus
K. Krishnaveni - Respondent
Writ Appeal No. 1995 of 2018
Decided On : 03-09-2019
JUDGMENT :
S. Manikumar, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order dated 6/7/2015 made in W.P.No.19677 of 2015.
1. Vide, proceedings No.1492/A1/2014, dated 3/6/2015, Collector, Krishnagiri District, removed the respondent, Anganvadi worker from service, on the grounds that a criminal case was registered against her, alleging that she had acted against the Government rules and policy.
2. Being aggrieved by the removal, respondent has filed W.P.No.19677 of 2015, for the issuance of a writ of certiorarified mandamus, to quash the order passed by the Collector, Krishnagiri District, first respondent, in Se.Mu.Na.Ka.No.1492/A1/2014, dated 3/6/2015 and direct the respondents therein, to reinstate her in service, with all consequential benefits.
3. After hearing the learned counsel for the parties, by observing that merely because a criminal case was registered, respondent cannot be removed pending outcome of the criminal case, writ Court, vide, order, dated 6/7/2015, set aside the impugned order therein and directed reinstatement. Short order made in W.P.No.19677 of 2015, dated 6/7/2015, is re-produced.
Either the Department can place the petitioner under suspension pending outcome of the criminal case or without awaiting for the outcome of the criminal case, the Department would proceed departmentally, and the employee could be imposed with punishment based on such departmental proceeding. But the Department cannot straight away dismiss an employee on the ground that a criminal case is pending. Hence, the impugned order is set aside. The writ petition is allowed and a direction is issued to reinstate the petitioner forthwith. However, this will not preclude the respondents from the placing the petitioner under suspension till the completion of criminal case or from taking Departmental action against the petitioner, if so advised. If the petitioner is placed under suspension pending outcome of the criminal case or pending the departmental enquriy, the petitioner shall be paid subsistence allowance, as per the Rules. No costs. Connected M.P is closed.”
4. The said order is impugned in this appeal on the grounds inter alia that the respondent was involved in a criminal case in F.I.R.No.644 of 2014, on the file of Krishnagiri Town Police Station, under Sections 420, 465, 468 and Sections 5 and 7 of the Tamil Nadu Raffle Tickets Act, she was arrested by the Police and kept under custody, for three days and thereafter, suspended from service, on 19/9/2014. As per Government letter No.151/NMP1/2003-1, dated 11/8/2003, respondent/petitioner was removed from service, on 3/6/2015.
5. On more than one occasion, the Hon'ble Supreme Court and this Court, held that the reasons are the heart beat of any decision. Reference can be made to few decisions.
6. In M/s. Steel Authority of India Ltd., v. STO, Rourkela-I Circle & Ors. reported in 2008 (5) Supreme 281, the Hon'ble Supreme Court testing the correctness of an order passed by the Assistant Commissioner of Sales Tax against the assessment, at Paragraph 10, held as follows:
7. In Kranti Associates Private Limited and another vs. Masood Ahamed Khan and Others) reported in (2010) 9 SCC 496, wherein, the Hon'ble Supreme Court has considered a catena of decisions, which are extracted hereunder:
M/s. Steel Authority of India Ltd., v. STO
A.K. Kraipak v. Union of India
Keshav Mills Co. Ltd. v. Union of India (1973) 1 SCC 380
Lord Denning in R. v. Gaming Board for Great Britain
Mahabir Prasad Santosh Kumar v. State of U.P. (1970) 1 SCC 764
Travancore Rayon Ltd. v. Union of India (1969) 3 SCC 868
Woolcombers of India Ltd. v. Workers Union (1974) 3 SCC 318
Union of India v. Mohan Lal Capoor (1973) 2 SCC 836
Siemens Engg. and Mfg. Co. of India Ltd. v. Union of India (1976) 2 SCC 981
Rama Varma Bharathan Thampuram v. State of Kerala (1979) 4 SCC 782
Gurdial Singh Fijji v. State of Punjab (1979) 2 SCC 368
H.H. Shri Swamiji of Shri Amar Mutt v. Commr.
Bombay Oil Industries (P) Ltd. v. Union of India (1984) 1 SCC 141
Ram Chander v. Union of India (1986) 3 SCC 103
Star Enterprises v. City and Industrial Development Corpn. of Maharashtra Ltd. (1990) 3 SCC 280
Maharashtra State Board of Secondary and Higher Secondary Education v. K.S. Gandhi (1991) 2 SCC 716
M.L. Jaggi v. MTNL (1996) 3 SCC 119
Charan Singh v. Healing Touch Hospital
Som Datt Datta v. Union of India
S.N. Mukherjee v. Union of India (1990) 4 SCC 594
Stefan v. General Medical Council (1999) 1 WLR 1293 (PC)
North Range Shipping Ltd. v. Seatrans Shipping Corpn. (2002) 1 WLR 2397
English v. Emery Reimbold and Strick Ltd. (2002) 1 WLR 2409
State of Orissa Vs. Binapani Dei & Ors.
M/s. Sahara India (Firm), Lucknow vs. Commissioner Of Income
Automotive Tyre Manufacturers Assn. v. Designated Authority
S.L.Kapoor vs. Jagmohan and others reported in (1980) 4 SCC 379
Neelima Misra vs. Harinder Kaur Paintal and Others reported in (1990) 2 SCC 746
D.K.Yadav vs. J.M.A. Industries Ltd. reported in (1993) 3 SCC 259
A. K. Kraipak v. Union of India
Chairman, Board of Mining Examination v. Ramjee
Charan Lal Sahu v. Union of India
C. B. Gautam v. Union of India
Canara Bank and Others vs. Debasis Das and Others reported in (2003) 4 SCC 557
Ridge v. Baldwin (1963) 1 QB 539 : (1962) 1 All ER 834 : (1962) 2 WLR 716 (CA) (QB at p. 578)
Maneka Gandhi v. Union of India (1978) 1 SCC 248 : (1978) 2 SCR 621
R. v. Secy. of State for Home Affairs
Dev Dutt vs. Union of India and others reported in (2008) 8 SCC 725
K. I. Shephard & Ors. vs. Union of India & Ors. AIR 1988 SC 686
Kumaon Mandal Vikas Nigam Ltd. vs. Girja Shankar Pant
Union of India etc. vs. Tulsiram Patel etc. AIR 1985 SC 1416
Swadesh Cotton Mills etc. vs. Union of India etc. AIR 1981 SC 818
Mohinder Singh Gill & Anr. vs. The Chief Election Commissioner & Ors. AIR 1978 SC 851
S.N. Mukherji vs. Union of India
State of Maharashtra vs. Public Concern for Governance Trust & Ors. 2007 (3) SCC 587
Raj Restaurant and Anr. v. Municipal Corporation of Delhi
S.N. Mukherjee v. Union of India (1990) 4 SCC 594
Manohar s/o Manikrao Anchule v. State of Maharashtra and Another reported in (2012) 13 SCC 14
Namit Sharma v. Union of India (2013) (1) SCC 745
Assistant Commissioner, Commrcial Tax Department Works Contract and Leasing
Gullapalli Nageswara Rao v. Andhra Pradesh State Road Transport Corporation and others
Gullappalli Nageswarrao v. State of A.P. and others
Dr. G. Sarana v. University of Lucknow and others
Manak Lal v. Dr. Prem Chand Singhvi and others
Dharampal Satyapal Limited vs. Deputy Commissioner of Central Excise
Board of Mining Examination v. Ramjee (1977) 2 SCC 256 : 1977 SCC (L&S) 226
Institute of Chartered Accountants of India v. L. K. Ratna
Maharashtra State Financial Corpn. v. Suvarna Board Mills (1994) 5 SCC 566
East India Commercial Co. Ltd. v. Collector of Customs
Union of India v. Madhumilan Syntex (P) Ltd.
Metal Forgings v. Union of India (2003) 2 SCC 36
Union of India v. Tata Yodogawa Ltd. (2015) 9 SCC 102 : (1988) 38 ELT 739 : (1988) 19 ECR 569 (SC)
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