D.Loganathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN D. Loganathan ... Petitioner Vs

1. The District Collector Kanchipuram District, Kanchipuram.

2. The Joint Registrar / Managing Director, Kanchipuram District Consumer Co-operative Wholesale Store, Parrys, Chennai. .... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the respondent to pass order on the petitioner's representation dated 01.10.2024 submitted by the petitioner for revoke the order of suspension issued by the 2nd respondent herein in Proceeding No.Na.Ka.1984/2024/PDS 4 dated 07.08.2024.

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For Petitioner : Mr.T.Dharani For Respondents : Mr.M.Shah Jahan Additional Government Pleader for R1 Mr.S.Ravi Kumar for R2

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus to direct the respondent to pass order on the petitioner's representation dated 01.10.2024 submitted by him to revoke the order of suspension issued by the 2nd respondent herein in Proceeding No.Na.Ka.1984/2024/PDS 4 dated 07.08.2024.

2. In the affidavit filed in support of the writ petition it had been stated that the petitioner had been suspended for alleging manipulation of bills and illegal transfer of PDS rice and sugar from the ration shop for sale in open market. It is contended that the charges have also been framed against the petitioner pursuant to initiation of departmental proceedings. The petitioner had been placed under suspension on 2/5

07.08.2024. The petitioner seeks revocation of the same and had given a representation in this regard.

3. The issue is entirely with the respondents to take a decision and balance whether the petitioner would be in a position to influence the enquiry process and whether it is absolutely required to keep him under suspension. If there is a possibility of the petitioner interfering with the enquiry process then an appropriate decision in this regard may be taken to ensure that there is no influence exerted during the enquiry process. The decision will have to be taken entirely by the respondents within a period of four weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs.

24.02.2025 dpq Index: Yes/No 3/5

Speaking order / Non speaking order C.V.KARTHIKEYAN, J.

dpq To

1. The District Collector Kanchipuram District, Kanchipuram.

2. The Joint Registrar / Managing Director, Kanchipuram District Consumer Co-operative Wholesale Store, Parrys, Chennai.

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