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Madras High CourtWP/18345/2016disposed of

Tmt. R.Vennila, v. The Commissioner

2016-05-25Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2016 C O R A M THE HON'BLE Mr.JUSTICE M.V.MURALIDARAN W.P.No.18345 of 2016 Tmt.R.Vennila ... Petitioner

Versus

The Commissioner Kallakurichi Municipality Villupuram District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus directing the respondent to consider the petitioner's representations dated 08.02.2016 and 20.04.2016 and thereby direct the respondent to revoke the order of suspension dated 01.04.2014 passed by the respondent Commissioner of Kallakurichi Municipality, Villupuram District and reinstate the petitioner into her service with all back wages.

For petitioner : Mr.S.Kumaresan For Respondent : Mr.P.Sanjay Gandhi, Additional Government Pleader

ORDER

Heard the learned counsel for the petitioner ; and Mr.P.Sanjay Gandhi, learned Additional Government Pleader accepting notice for the respondent and with their consent, the writ petition is taken up for final disposal at the admission stage itself.

2.

The petitioner has filed the above writ petition seeking for a direction to the respondent to consider her representations dated 08.02.2016 and 20.04.2016 seeking revocation of the suspension order passed by the respondent on 01.04.2014. The petitioner was suspended on the ground of misappropriation of the fund to the tune of Rs. 9,95,185/-. It is the grievance of the petitioner that though the suspension https://hcservices.ecourts.gov.in/hcservices/

order was passed on 01.04.2014 and though the charge memo was passed on 14.03.2014, till date no action has been initiated by the respondent. Hence, having no other option, the petitioner has approached this Court by way of filing of the writ petition. 3.

Though the petitioner was suspended on 01.04.2014 and the charge memo was served on her as early as on 14.03.2014, till date, no action has been taken by the respondent and the said charge memo is pending as on date without any further progress. It is also seen that the petitioner has given representations on 08.02.2016 and 20.04.2016 with a request to revoke the suspension order. It is seen that the petitioner was kept under suspension for a period of two years and no proper explanation is forthcoming from the respondent for such delay. 4.

In view of the above facts and circumstances, the respondent is directed to consider the petitioner's representations dated 08.02.2016 and 20.04.2016 on merits and in accordance with law, after giving an opportunity of personal hearing to the petitioner and pass orders within a period of two weeks from the date of receipt of a copy of this order. 5.

The writ petition is disposed of with the above direction. No costs.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar AP To The Commissioner Kallakurichi Municipality Villupuram District.

+1cc to Mr.S.Kumaresan, Advocate, S.R.No.28737 W.P.No.18345 of 2016 PUR(CO) CA(30/05/2016) https://hcservices.ecourts.gov.in/hcservices/