M.Rameshkumar v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.403 of 2020 M.Ramesh Kumar

...Petitioner

Vs.

The District Collector, Tiruppur District, Tiruppur ..Respondent Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to consider the petitioner's representation dated 17.12.2019 given for revocation of suspension and pass orders in the light of the Apex Court decision in 2015 (7) SCC Page 291 and the circular of the Government issued in Letter No.13519/N/2015-1 dated 23.07.2015 within a stipulated time.

For Petitioner : Mr.Ravishanmugam For Respondents : Mrs.K.Bhuvaneswari Government Advocate

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner to revoke the suspension order that was passed against the petitioner on 05.01.2019. 2.

The case of the petitioner is that he was working as a Block Development Officer and based on the criminal case registered by the Vigilance and Anti-corruption police in Crime No.1 of 2019, the petitioner was arrested and remanded to judicial custody. The suspension order came to be passed against the petitioner on 05.01.2019. The grievance of the petitioner is that the petitioner has been kept under suspension for a prolonged period for more than one year and therefore, the petitioner has made two representations to the respondent to revoke the suspension order.

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3.

The petitioner in order to substantiate his claim, relied upon the judgment of the Hon'ble Supreme Court in [Ajay Kumar Choudhary Vs.Union of India and another] reported in 2015 7 SCC 291. Since the representations made by the petitioner did not evoke any response, the present writ petition has been filed before this Court.

4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

5 Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the respondent to consider the representation made by the petitioner on 17.12.2019 and pass orders strictly in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondent along with the copy of the representation dated 17.12.2019 and also a copy of this order.

6.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar rka To The District Collector, Tiruppur District, Tiruppur +1cc to Mr.Ravishanmugam, Advocate SR.No.2029 +1cc to Government Pleader SR.No.2771 W.P.No.403 of 2020 BS(CO) GMY(07/02/2020) https://hcservices.ecourts.gov.in/hcservices/