Zakir Hussain v. The District Collector

ORDER

The writ petition has been filed seeking the following relief : " To direct the respondents to consider the petitioner's representation dated 18.06.2026 in the light of G.O.Ms.No.81 Human Resources Management Department, dated 04.08.2022 and consequently revoke the petitioner's suspension and reinstate the petitioner in service with an appropriate posting, preferably in a non-sensitive/non - financial post within a time frame to be fixed by this Court."

¶2The petitioner, a Village Administrative Officer, was suspended from service on 26.05.2023, following the registration of Crime No.06/AC/2023/TVR dated 25.05.2023 by the Vigilance and Anti Corruption Department, on the allegation that he had received an illegal gratification of Rs.5,000/- for issuing a death certificate. After completing the investigation, a final report was filed. The case is now pending for trial before the Principal District and Sessions Court (Special Court for Prevention of Corruption Act Cases) Tiruvallur. The petitioner would contend that even after a lapse of more than two years, he was made to remain under suspension for several years without any meaningful or periodic review. He would also submit that Page3 of 6 no departmental disciplinary proceedings have been initiated by the respondents till date. Therefore, the prolonged suspension is arbitrary, punitive in nature and contrary to the settled principles as contemplated in G.O.Ms.No.81, Human Resources Management Department, dated

04.08.2022. The petitioner would submit that he has submitted a representation to the respondents on 18.06.2026, to revoke his suspension and to reinstate him in service, preferably in a non-sensitive / non-financial post. His representation was not considered to date. Hence, the petitioner is before this Court seeking a mandamus.

¶3Heard the learned counsel on either side and perused the records.

¶4The Government, taking note of the judgment of the Hon-ble Supreme Court in the case of (2015) 7 SCC 291 [Ajay Kumar Choudhary /vs/ Union of India and another], had passed G.O.Ms.81 Human Resources Management(N) Department dated 04.08.2022 giving timelines for conducting the investigation/charge/enquiry, etc.

¶5Applying the directives of the Government Order in G.O.Ms.81 Human Resources Management(N) Department dated 04.08.2022, a mandamus is issued to the respondents to consider the representation of the Page4 of 6 petitioner and pass orders within a period of four weeks from the date of receipt of a copy of this order. No costs.

¶6With the above directions, the writ petition is disposed of. No costs. 07-08-2026 Index: Yes/No Speaking/Non-speaking order DS Page5 of 6 To:

¶1The District Collector First Floor, Collectorate, Tiruvallur 602 001.

¶2The Sub Collector Taluk Office Road Ponneri Chennai - 601 204.

¶3The Revenue Divisional Officer Near Railway Station, Ponneri Road, Taluk Office Road, Ponneri, Chennai - 601 204. Page6 of 6 P.T.ASHA J. DS 07-08-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA Zakir Hussain S/o Jainul Samsudeen No.246/A Dr.Ambedkar Nagar West T.V. Nagar, Thirumangalam Chennai - 600 040. ..Petitioner Vs 1. The District Collector First Floor, Collectorate, Tiruvallur 602 001. 2. The Sub Collector Taluk Office Road Ponneri Chennai - 601 204. 3. The Revenue Divisional Officer Near Railway Station, Ponneri Road, Taluk Office Road, Ponneri, Chennai - 601 204. ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 18.06.2026 in the light of G.O.Ms.No.81 Human Resources Management Department, dated 04.08.2022 and consequently revoke the petitioner's suspension and reinstate the petitioner in service with an appropriate posting, preferably in a non-sensitive/non - financial post within a time frame to be fixed by this Court. Page2 of 6 For Petitioner: Mr.J.S.Arunkumar For Respondents: Mr.V.Sivalingam Government Advocate for R1 to R3