S.Ramesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Mr.S.Ramesh ... Petitioner Vs.

1. The District Collector Chennai Rajaji Salai 4th Floor 62 Beach Road George Town Chennai 01

2. Revenue Divisional officer South Chennai Division Guindy Chennai 600 032.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 2.11.2022 seeking for revocation of the order of suspension A3/3510/2022 dated 26.07.2022 within a time frame fixed by this Page No.1 of 6

Court and also directing the respondent to complete the disciplinary proceedings in accordance with the G.O. (MS) No. 81 dated 4.08.2022. For Petitioner : Mr.C.Krishnamoorthy For Respondents : Mr.RU.Dinesh Raj Kumar Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of a writ of mandamus, directing the respondents to consider the representation made by the petitioner on 02.11.2022, wherein, the petitioner is seeking for revocation of the order of suspension passed on 26.07.2022, by the 2nd respondent. 2.The case of the petitioner is that he was working as a Village Administrative Officer. Based on a complaint, the Vigilance and Anti- Corruption Wing registered an FIR in Crime No.6 of 2022 for offences under the Prevention of Corruption Act, 2018. The petitioner was arrested and was later enlarged on bail on 10.08.2022. In the meantime, an order of suspension came to be passed by the 2nd respondent through proceedings dt. 26.07.2022.

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3.The grievance of the petitioner is that he made a representation on 02.11.2022, to the respondents seeking for the revocation of the suspension order and since the same was not considered and the petitioner has been kept in prolonged suspension, the present writ petition has been filed before this Court seeking for appropriate directions.

4.Heard Mr.C.Krishnamoorthy, learned counsel for the petitioner and Mr.RU.Dinesh Raj Kumar, learned Additional Government Pleader appearing on behalf of the respondents.

5.Taking into consideration the limited relief sought for in this writ petition and without going into the merits of the case, there shall be direction to the 2nd respondent to consider the representation made by the petitioner on 02.11.2022, on its own merits and in accordance with law and take a decision within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order. Page No.3 of 6

6.This writ petition is disposed of with the above directions. No costs. 06.02.2023 kp Internet : Yes/No Index : Yes/No Speaking Order :Yes/No Neutral Judgment :Yes/No Page No.4 of 6

To

1. The District Collector Chennai Rajaji Salai 4th Floor 62 Beach Road George Town Chennai 01

2. Revenue Divisional officer South Chennai Division Guindy Chennai 600 032.

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N.ANAND VENKATESH,J.

kp 06.02.2023 Page No.6 of 6