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Madras High CourtWP/21717/2015disposed of

D.Jothivel v. The Sub Collector/District

2015-07-21Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.21717 of 2015 and M.P.Nos.1 and 2 of 2015 D.Jothivel ... Petitioner .. Vs ..

The Sub Collector/District Manager, TASMAC Ltd., Tiruppur.

... Respondent Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the Respondent in Na.Ka.No.826/A/2014, dated 09.09.2014 and quash the same and consequently direct the respondent to pay subsistence allowance from the date of Suspension dated 09.09.2014 and complete the enquiry within a stipulated time.

For Petitioner :

Mr.P.Muthukrishnan For Respondent :

Mr.S.Muthuraj for TASMAC

ORDER

The petitioner was placed under suspension by an order dated 09.09.2014. According to him, no charge sheet is issued thereafter. Hence, he has filed this writ petition seeking to quash the said suspension order dated 09.09.2014.

2. In view of the judgment of the Hon'ble Apex Court in the case of Ajay Kumar Choudhary Vs. Union of India passed in Civil Appeal No.1912 of 2015 (Arising out of SLP No.31761 of 2013), dated 16.02.2015 and also my judgment dated 29.04.2015 passed in W.P.Nos.12972 to 12974 of 2015, a direction is issued to the respondent to restore the petitioner in service. However, it is made clear that the respondent can proceed with the disciplinary proceedings and the same shall be concluded and final orders shall be passed, within a period of four months from the date of receipt of a copy of this order. The respondent is further directed to pay https://hcservices.ecourts.gov.in/hcservices/

subsistence allowance to the petitioner for the period of suspension, if not already paid and the arrears shall be paid, within a period of four weeks from the date of receipt of a copy of this order. 3.The Writ Petition is disposed of with the above terms. No costs. The connected Miscellaneous Petitions are closed. -Sd/- Assistant Registrar //True copy// Sub Assistant Registrar To The Sub Collector/District Manager, TASMAC Ltd., Tiruppur.

+ 1 cc to Mr.S.Muthuraj(sr.37182) + 1 cc to P.Muthukrishnan (sr.37289) Tm(CO) cp 3.08.2015 W.P.No.21717 of 2015 https://hcservices.ecourts.gov.in/hcservices/