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2026 Supreme(Online)(Mad) 18673

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Suresh Kumar, N. Senthilkumar, JJ
D.Sathishkumar – Appellant
Versus
Joint Commissioner / Executive Officer Arulmigu Arunachaleswarar Thirukoil Thiruvannamalai 606 601. – Respondent
W.A.No.660 of 2026|W.P.No.5639 of 2026



Advocates:
For the Appellant: Mr.R.Sudharsan
For the Respondents: Mr.S.Ravichandran, Additional Government Pleader

The court mandates timely inquiries and entitlement to subsistence allowance during suspension amid harassment allegations.

Headnote:This appeal concerns a suspension order issued based on allegations of sexual harassment. The court records respondents' assurance for timely inquiry and directs payment of pending subsistence allowance to the appellant. Final outcome stated: 'With these directions, the writ appeal is disposed.'

Table of Content
1. challenge to suspension based on harassment allegations. (Para 1 , 2)
2. court hears arguments on the inquiry process and subsistence. (Para 3 , 4 , 5)
3. directive for payment of subsistence allowance. (Para 6)

For the Appellant : Mr.R.Sudharsan For the Respondents : Mr.S.Ravichandran Additional Government Pleader JUDGMENT (Judgment of the Court was made by R.SURESH KUMAR, J.)

The challenge that was made before the Writ Court is against the suspension order dated 05.04.2025 issued by the second respondent.

2. Before the Writ Court, it was assured on behalf of the respondents that, within four weeks’ time, the enquiry would be completed, therefore, recording the same, the writ petition was dismissed through the order impugned dated 16.02.2026 in W.P.No.5639 of 2026.

3. Heard Mr.R.Sudharsan, learned counsel for the petitioner and Mr.S.Ravichandran, learned Additional Government Pleader for the respondents.

4. The learned Additional Government Pleader would submit that, since the allegation made against the appellant/writ petitioner is an alleged sexual harassment, as complained by one of the women employee, as per the mandate of Vishaka’s case, a Committee has been constituted by issuance of proceedings dated 06.03.2026 and that Committee would conduct an enquiry and give a report, based on which, further course of action would be decided by the Disciplinary Authority and he would also submit that, the Committee would complete the enquiry and file a report within four weeks’ period.

5. The learned counsel appearing for the appellant/writ petitioner would submit that, though he was suspended on 05.04.2025, till date, no subsistence allowance has been paid to him.

6. If that is so, since the appellant/writ petitioner is entitled to get subsistence allowance, the same shall be calculated and be paid, with arrears, from the date of suspension and continued to be paid until the suspension is revoked or till further orders are passed pursuant to the enquiry initiated against him.

7. With these directions, the writ appeal is disposed. No costs.

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