BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2024 CORAM THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD).No.13093 of 2024 and WMP(MD) No.11604 & 11605 of 2024 Thangapandian ... Petitioner Vs

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Personal Assistant (Development) to the Collector, Virudhunagar District, Virudhunagar.

3. The Assistant Director (Panchayats), Virudhunagar District, Virudhunagar.

4. The Block Development Officer (Village Panchayats), Srivilliputtur Panchayat Union, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 4^th respondent in his proceedings number Na.Ka. No. B1/2683/2023, dated 05.10.2023 and Na.Ka. No.B1/2683/2023, dated 06.11.2023 and quash the same as illegal, violation of law and further direct the respondents to appoint the petitioner as Panchayat Secretary in the Pillayarkulam Village Panchayat, Srivilliputtur Panchayat Union, Virudhunagar District within the stipulated time fixed by this Court.

For Petitioner : Mr. M.Jothi Basu For Respondents : Mr.M.Lingadurai (R1-R3)

Special Government Pleader Mr.J.John Rajadurai (R4)

Government Advocate

ORDER

Heard Mr. M.Jothi Basu, learned counsel for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader for the respondents 1 to 3 and Mr.J.John Rajadurai, learned Government Advocate for the 4^th respondent.

2.The petitioner has filed this writ petition challenging the impugned proceedings of the 4^th respondent in Na.Ka. No. B1/2683/2023, dated 05.10.2023 and Na.Ka. No.B1/2683/2023, dated 06.11.2023 and direct the respondents to appoint the petitioner as Panchayat Secretary in the Pillayarkulam Village Panchayat, Srivilliputtur Panchayat Union, Virudhunagar District.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4.The learned counsel for the petitioner submitted that the petitioner has been given with the same set of charges once again on 06.11.2023, despite he has already been given the earlier charge memo on

05.10.2023 on the same set of allegations.

5.On perusal of the charges raised in the earlier charge memo, dated 05.10.2023, certain specific occurrence has been narrated and in view of the same, the petitioner is also facing a criminal case. Now the other charge memo, dated 06.11.2023 has been issued stating about his involvement in the criminal case, which is causing disrepute to the administration of the Panchayat. The petitioner can say that these charges are related to each other, but they are not similar charges, as conceived by him.

6.The learned Government Advocate appearing for the 4^th respondent submitted that in this regard, on production of essential documents as required by the fourth respondent, enquiry proceedings will be initiated.

7.Further, the learned counsel for the petitioner submitted that the petitioner was kept under suspension from 03.10.2023. However, he has not been paid with any subsistence allowance so far.

8.It is goes without saying that whenever a person is kept under suspension, he is entitled to get subsistence allowance, even without any directions from the Court. Since the charges given in both the charge memos are different though related to each other, it would be appropriate for the petitioner to subject himself to the disciplinary proceedings and extend his co-

operation for the early disposal.

9.The respondents are directed to pay subsistence allowance to the petitioner, if the same has not been paid so far.

10. With the above directions, this writ petition stands disposed of.

No costs. Consequently connected miscellaneous petitions are closed.

20.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Personal Assistant (Development) to the Collector, Virudhunagar District, Virudhunaga