N.Shanthi v. The Commissioner

ORDER The writ petition is filed for the relief set out below: "to direct the respondents to consider the representations submitted by the petitioner on 07.10.2024, 11.12.2024,

27.03.2025, 17.09.2025, 14.05.2026 and finally on 10.07.2026 for revoking her suspension and to pass appropriate orders on merits and in accordance with law, within a reasonable period as may be fixed by this Hon'ble Court."

¶2It could be seen from the affidavit filed in support of the writ petition that the petitioner was suspended from service on the ground that she failed to properly supervise an employee named Saravanan, who is facing criminal charges under the FIR in Crime No.7 of 2024 registered for the offences under Sections 408, 420, 465, 468 & 471 of IPC.

¶3Heard the learned counsel appearing on either side and perused the materials available on record.

¶4No doubt the petitioner has sought for a mandamus to consider her representations. However, a reading of the said representations would indicate that the petitioner seeks revocation of her suspension. Page3 of 4

¶5The issue involved in the present case has already been dealt with by this Bench in G.Kalaimannan Vs. The Secretary to Government (W.P.No.33197 of 2024 decided on 21.08.2025) wherein, this Bench, placing reliance on the decision of the Supreme Court in the case of State of Tamil Nadu vs. Promod Kumard IPS and others, reported in [(2018) 17 SCC 677], held that the prolonged suspension and continued payment of subsistence allowance without extracting the work is not palatable.

¶6Since the said decision applies on all fours to the instant case, the suspension of the petitioner herein is revoked and the respondents are directed to reinstate the petitioner in a non-sensitive post as directed by the Hon'ble Supreme Court in the case of State of Tamil Nadu vs. Promod Kumard IPS and others, reported in [(2018) 17 SCC 677]. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

¶7Accordingly, this writ petition stands disposed of. No costs.

06.08.2026 Index: Yes/No Speaking/Non-speaking order skt Page4 of 4

P.T.ASHA, J. skt To:

¶1The Commissioner, Dindigul City Municipal Corporation, Dindigul – 624 001.

¶2The Director of Municipal Administration, No.75, Santhome High Road, Raja Annamalaipuram, M.R.C. Nagar, Chennai – 600 028.

¶3The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai – 600 009.

06.08.2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.08.2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA N.Shanthi ..Petitioner(s) Vs. 1. The Commissioner, Dindigul City Municipal Corporation, Dindigul – 624 001. 2. The Director of Municipal Administration, No.75, Santhome High Road, Raja Annamalaipuram, M.R.C. Nagar, Chennai – 600 028. 3. The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai – 600 009. ..Respondent(s) Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, seeking to direct the respondents to consider the representations submitted by the petitioner on 07.10.2024, 11.12.2024, 27.03.2025, 17.09.2025, 14.05.2026 and finally on 10.07.2026 for revoking her suspension and to pass appropriate orders on merits and in accordance with law, within a reasonable period as may be fixed by this Hon'ble Court. For Petitioner(s) : M/s.T.J.Lakshmipathy For Respondent(s) : Mr.S.Ilamvaludhi, Special Government Pleader Page2 of 4