M.Marimuthu v. The Commissioner Of Treasuries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2015

CORAM

The Honourable Mr.JUSTICE D. HARIPARANTHAMAN Writ Petition No.18807 of 2015 M.Marimuthu ... Petitioner Vs.

1. The Commissioner of Treasuries & accounts, Chennai-15.

2. The Treasury Officer, Namakkal.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to consider and pass appropriate orders on the representation of the petitioner dated 08.12.2014 to review and revoke the order of suspension issued in the proceedings of the first respondent in R.C.No.42315/2013/Q3-2 dated 28.10.2013 in exercise of the powers conferred under Rule 17(e)(6) of Tamilnadu Civil Service (Discipline and Appeal) Rules.

For Petitioner : Mr.S.Selvathirumurugan For Respondents : Mr.K.V.Dhanapalan, Additional Government Pleader

O R D E R

Mr.K.V.Dhanapalan, learned Additional Government Pleader, takes notice for the respondents.

2. With consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner is an Office Assistant in the Treasuries and Accounts Department. While he was working in Namakkal, he was placed under suspension by order dated 28.10.2013. A criminal case is pending against him alleging that the petitioner demanded and accepted Rs.200/- as bribe from one Mr.A.Radhakrishnan for passing the bills for subsistence allowance and dearness allowance arrears. He was placed under suspension along with the District Treasury Officer.

https://hcservices.ecourts.gov.in/hcservices/

4. The petitioner made representation dated 08.12.2014 to review the suspension order and to restore him to duty.

5. Taking into account the fact that the petitioner belongs to the lowest cadre and also in the aforesaid circumstances of the case, I am inclined to issue a direction to the first respondent to consider the representation of the petitioner within a stipulated time.

6. Therefore, the first respondent is directed to consider the representation of the petitioner dated 08.12.2014 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vsi To

1. The Commissioner of Treasuries & accounts, Chennai-15.

2. The Treasury Officer, Namakkal.

+1cc to Mr.S.Selvathirumurugan, Advocate, S.R.No.31862 +1cc to the Government Pleader, S.R.No.32103 W.P.No.18807 of 2015 SKV(CO) CA(07/07/2015) https://hcservices.ecourts.gov.in/hcservices/