IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No. 6236 of 2022

&

W.M.P.Nos. 6300 & 6302 of 2022

M.Vetrivel ...Petitioner

Vs.

The Revenue Divisional Officer,

Erode District. ...Respondent

Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records relating to the respondent vide proceedings Na.Ka.No.2595/2021/A2 dated 09.12.2021 and also the impugned order of suspension issued by the respondent vide proceedings

Ref.No.2595/2021/A2 dated 22.07.2021 and to quash the same.

For Petitioner : Mr. S.Vijayakumar

Senior Counsel

For Mr. G.Bharadwaj

For Respondents : Mrs. S.Anitha

Special Government Pleader.

O R D E R

The petitioner seeks to quash the order passed by the respondent in his proceedings dated 09.12.2021 bearing Na.Ka.No.2595/2021/A2 and also the impugned order of suspension issued vide proceedings dated 22.07.2021 in reference No.2595/2021/A2. The facts giving raise to the above writ petition is set out herein below.

2. The petitioner’s father who was in the Government service died in harness on 22.04.2013 and consequently, the petitioner was appointed as a Village Administrative Officer on compassionate appointment on 30.06.2014. He was appointed in Vadugapatti A Village, Erode. After putting in 7 years of service, he was regularised in service of the respondent by proceedings dated 18.05.2021. Ever since, he has been continuing in the said post.

3. During the petitioner’s tenure as VAO, one K.Bhuvaneswari, had approached him with reference to issue of transfer of patta in her favour. Later, the said Bhuvaneswari had filed a false complaint against the petitioner resulting in registration of FIR No.7/AC/2021 dated 20.07.2021, on the file of the Vigilance and Anti Corruption Department, Erode. The said complaint was nothing but vexatious and false one.

4. Thereafter, the respondent issued an order of suspension by proceedings in reference No.2594/2021/A2 dated 22.07.2021 under Rule 17 (e) (2) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, hereinafter called the Rules and the petitioner was placed under suspension. This order was served on the petitioner on 22.07.2021 and at the time of filing of this writ petition, the order of suspension was more than 7 months old and neither the charge sheet nor charge memo in proceeding had been issued.

5. The petitioner sent a representation dated 25.09.2021, seeking to review of the order of suspension and sought reinstatement in service. Though the representation was duly received, no action was taken at the end of the respondent. Therefore, the petitioner had filed WP.No.23113 of 2021, for issuance of mandamus directing the respondent to revoke the suspension order by considering his representation dated 25.09.2021.

6. This Court, by order dated 28.10.2021 had directed the respondent to consider and pass order on the representation. Immediately, on receiving the order copy in WP.No.23113 of 2021, the petitioner had once again submitted a representation dated 09.11.2021, enclosing a copy of the order in the writ petition and requested the respondent to comply with the same. Thereafter, the impugned order has been passed rejecting the request of the petitioner. Aggrieved by the same, the petitioner is before this Court.

7. The respondent have filed a counter denying the claim of the petitioner. They would submit that the petitioner in trap proceeding had once again reiterated his earlier demand of Rs.10,000/- and directed the complainant to give money to the lady who was running “Spice Net E Service Center”. They would also submit that the Directorate of Vigilance and Anti Corruption Department, Chennai, had called for a report vide their letter dated 26.07.2021. At this juncture, the petitioner had submitted a representation dated 25.09.2021 to the respondent herein. They would also submit that they could not consider the representation as th