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Madras High CourtWP/23453/2016disposed of

B.Sundara Prabhu, v. The Secretary To Government Of

2016-07-18Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.23453 of 2016 B.Sundara Prabhu ...

Petitioner Vs 1.

The Secretary to Government of Tamil Nadu Labour and Employment (M1) Department Fort St.George, Chennai-9 2.

The Director of Industrial Safety and Health Department, Chennai-14 ...

Respondents Prayer : This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the order of suspension vide GO(2D)No.64, Labour and Employment (M1) Department, dated 3.12.2015 on the file of the 1st Respondent and to quash the same and to direct the 1st Respondent to revoke the suspension order against the Petitioner with immediate effect on the basis of the representation dated 14.6.2016 sent by the Petitioner within a reasonable time to be fixed by this Court.

For Petitioner :

Mr.R.Neelakandan for Mr.S.Rajavel For Respondent :

Mr.A.Kumar, Special Government Pleader

ORDER

This Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records relating to the order of suspension in vide GO(2D)No.64, Labour and Employment (M1) Department, dated 3.12.2015 on the file of the 1st Respondent and to quash the same and to direct the 1st Respondent to revoke the suspension order against the Petitioner with immediate effect on the basis of the representation dated 14.6.2016 sent by the Petitioner. https://hcservices.ecourts.gov.in/hcservices/

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. The learned counsel for the Petitioner would contend that the Petitioner has been placed under suspension from 30.12.2015. However, further review has not taken place and he has also sent a representation dated 14.6.2016 to revoke the suspension, which is not considered so far and he wants to consider the same by the 1st Respondent in the light of the decision of the Honourable Supreme Court rendered in the case Ajay Kumar Choudhary Vs. Union of India (SLP(C) No.31761 of 2013, dated 16.2.2015 (2015-2-Scale-432).

4. Admittedly, the Petitioner is placed under prolonged suspension and such a similar situation had already been decided by the Honourable Supreme Court in the case of Ajay Kumar Choudhary's case cited supra, following which, in similar circumstances, this Court passed orders to review the case of the Petitioners therein, in the light of the above said decision of the Honourable Supreme Court. In the case on hand, the Petitioner has preferred a review petition dated 14.6.2016, seeking to review the suspension, however, it has not been considered till date. Hence, the 1st Respondent is directed to consider and dispose of the review petition dated 14.6.2016 of the Petitioner, seeking to review the suspension of the petitioner, in the light of the decision of the Honourable Supreme Court reported in 2015-2-Scale-432 cited supra, as expeditiously as possible.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Srcm Sub Assistant Registrar To:

1.

The Secretary to Government of Tamil Nadu Labour and Employment (M1) Department Fort St.George, Chennai-9 2.

The Director of Industrial Safety and Health Department, Chennai-14 +1cc to Mr.P.Rajavel, Advocate, S.R.No.40442 +1cc to the Government Pleader, S.R.No.40418 W.P.No.23453 of 2016 AP(CO) CA(04/08/2016) https://hcservices.ecourts.gov.in/hcservices/