K.Bharathidasan v. The Joint Director Of Agriculture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.19023 of 2023 K.Bharathidasan ... Petitioner Vs.

1. The Joint Director of Agriculture Semmandalam, Cuddalore - 607 001.

2. Assistant Director of Agriculture, Kattumannar Koil, Cuddalore District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent in impugned suspension order dated 10.08.2018 in No.A4/9999/2018 and quash the same and consequently permit the petitioner to rejoin duty/service as Assistant Agricultural Officer with all attendant/consequential benefits.

For Petitioner : Mr.S.Sai Shankar For Respondents : Mr.P.Gurunathan, Additional Government Pleader 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein has given representation dated 02.06.2023 to the respondents, requesting to review and revoke the suspension order. Since the said representation was not considered, the present Writ Petition has been filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

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4. Since no acknowledgement has been produced before this Court for the representation given by the petitioner, it would be appropriate that the petitioner be granted liberty to give a fresh consolidated representation, with a consequential direction to the respondents herein, to consider the same.

5. In the light of the above observations, the petitioner is granted liberty to give a fresh representation to the respondents herein, ventilating his grievances, along with the old representation and a copy of this order. On receipt of the same, the respondent shall consider it on its own merits and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

6. With the above direction, this Writ Petition stands disposed of. No costs.

28.06.2023 Index:Yes/No Internet: Yes/No Sni 3/4

M.S.RAMESH,J.

Sni To

1. The Joint Director of Agriculture Semmandalam, Cuddalore - 607 001.

2. Assistant Director of Agriculture, Kattumannar Koil, Cuddalore District.

W.P.No.19023 of 2023 28.06.2023 4/4