Madras High CourtWP/3307/2022disposed of

T.Abimannan v. The Director Of Backward Classes And Minorities Welfare Officer

2022-04-11Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.4.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.3307 of 2022 and W.M.P.No.3444 of 2022 T.Abimannan ... Petitioner Vs.

1 The Director Of Backward Classes and Chepauk, Chennai-600 005.

2 The District Backward Classes and Chennai Collectorate, Chennai-600 001.

... Respondents Prayer :

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for all the connected records in the issuance of the impugned orders proceedings No.Y1/ 36728/2021 dated 20.12.2021 of the 2nd respondent and to quash the same consequently to revoke the suspension and direct the 2nd respondent to reinstate the petitioner back and service and disburse all the duty pay allowances plus subsistence allowance from the date of suspension.

For Petitioner : Mr.A.L.Namasivayam For Respondents : Mr.A.M.Ayyadurai, G.A.

O R D E R

According to the petitioner, the petitioner was placed under suspension on 20.12.2021 under Rule 17 (e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules on the grave allegations that the petitioner involved in fraudulent action which leads to the name change, registration seniority correction, registration change and recommendation were all done

improperly in District Employment office for appointment to the post of Cook in the second respondent office. The petitioner has sent legal notice on 5.1.2022. The petitioner has filed the instant writ petition before this Court for revocation of suspension order and to pay subsistence allowance to the petitioner.

2. No counter affidavit has been filed by the respondents. According to the learned Government Advocate appearing for the respondents, subsistence allowance has been paid to the petitioner and also produced proceedings in Na.Ka.No.L1/36728/2021 dated 15.3.2022 sanctioning the subsistence allowance.

3. Recording the proceedings, dated 15.3.2022, the second respondent is directed to settle the subsistence allowance to the petitioner at the earliest in the light of the aforesaid order. In sofar as the revocation of suspension order is concerned, the petitioner is directed to make representation to the respondents instead of legal notice as sent by the petitioner. On receipt of such representation, the respondents shall consider the said representation and pass orders on its own merit and in accordance with law, as expeditiously as possible, preferably within a period of 8 weeks from the date of receipt of copy of the order.

4. With the above directions, the writ petition stands dismissed. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vaan To 1 The Director Of Backward Classes and Chepauk, Chennai-600 005.

2 The District Backward Classes and Chennai Collectorate, Chennai-600 001.

+2ccs to Mr.A.L.Ganthimathi, Advocate, S.R.No.24803 +1cc to the Government Pleader, S.R.No.25079 W.P.No.3307 of 2022 and W.M.P.No.3444 of 2022 MT(CO) SU(26/04/2022)