M.Duraisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.35563 of 2015 M.Duraisamy .. Petitioner Vs.

1.The District Collector of Erode Collectorate, Erode.

2.The Revenue Divisional Officer, RDO's Office, Erode.

3.The Tahsildar, Taluk Office, Erode.

.. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of mandamus to direct the respondents to consider the written representation of the petitioner dated 23.03.2015 and revoke the suspension order passed by the second respondent vide his proceedings No.634/15/A2 dated 20.02.2015 in and reinstate the petitioner back to service.

For Petitioner : M/s.Thanga Vadhana Balakrishnan.

For Respondents : M/s.N.Srinivasan, Spl.GP.

ORDER

By consent, this writ petition is taken up for final disposal.

2.The case of the petitioner is that while he was working as Village Administrative Officer, 46 Pudur Village, Erode, on 18.02.2015 he was arrested by the Anti Corruption and Vigilance authorities in a criminal case and on the same day he was remanded by the Chief Judicial Magistrate, Erode and sent to judicial custody and thereafter he was released on bail by this Court on 27.02.2015 in Crl.OP.No.4957 of 2015. In the meanwhile, the petitioner was suspended as per order dated 20.02.2015 passed by the second respondent.

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3.The learned counsel for the petitioner would contend that the police has not yet filed charge sheet in the criminal case and he made an representation before the second respondent seeking reinstatement into service and the same is not yet considered. Hence the present writ petition before this Court. 4.Heard the submissions of M/s.Thanga Vadhana Balakrishnan, learned counsel appearing for the petitioner and Mr.N.Srivinivasn, Special Government Pleader who accepts notice on behalf of the respondents.

5. This Court considering the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the respondents to consider and dispose of the petitioner's representation dated 23.03.2015 on merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

6. The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar tsh To 1.The District Collector of Erode Collectorate, Erode.

2.The Revenue Divisional Officer, RDO's Office, Erode.

3.The Tahsildar, Taluk Office, Erode.

+1 cc to Mr.Thangavadhana Balakrishnan, Advocate, sr.60548 +1 cc to Government Pleader, sr.61191 W.P.No.35563 of 2015 ar iii kra 20.11.2015 https://hcservices.ecourts.gov.in/hcservices/