P.Thangaraj v. The Chief Conservator Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2018

CORAM

THE HON'BLE MR.JUSTICE SATRUGHANA PUJAHARI WRIT PETITION NO.16070 OF 2018 AND W.M.P.NO.19096 OF 2018 P. Thangaraj

...Petitioner

Vs.

1. The Chief Conservator of Forests and Conservator of Forests (FAC) Salem Circle, Salem.

2. The District Forest Officer, Namakkal Division, Namakkal.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the first respondent to dispose of the representation of the petitioner dated 17.05.2018.

For Petitioner : Mr.S.Vijayakumar For Respondent : Mr.K.K.Ramesh Government Advocate

O R D E R

Heard Mr.S.Vijayakumar, the learned counsel appearing for the petitioner and Mr.K.K.Ramesh, the learned Government Advocate who accepted notice on behalf of the respondents. With consent of the learned counsel on either side, the Writ Petition is taken up for disposal at the stage of admission itself.

2. The grievance of the petitioner, in this case is that, though he has been placed under suspension for his involvement in a criminal case, since, charge sheet having not been filed pursuant to such criminal case, he made a representation to the first respondent to revoke the order of suspension and to reinstate him in service. Since the said representation evoked no response, the petitioner has come to this Court seeking a writ of mandamus to the respondents to dispose of his https://hcservices.ecourts.gov.in/hcservices/

representation within a stipulated period.

3.

The learned Government Advocate appearing for the respondents submits that the respondents shall have no objection to consider such representation in accordance with law within the time to be stipulated by this Court.

4.

In such premises, this Writ Petition stands disposed of, directing the first respondent to take an informed and considered decision on the representation of the petitioner made to review/revoke the order of suspension, if the same is pending within a period of eight weeks from the date of receipt of a copy of this order, and if there is no other legal impediments for disposal of the same. However, it is made clear that this Court has expressed no opinion on the merits of the representation of the petitioner in any manner. After this Court dictates the above order, since it is submitted by the learned counsel appearing for the petitioner that the appropriate subsistence allowance, to which, the petitioner is entitled to during the period of suspension has not been paid to him, whereas, lesser amount is being paid, the first respondent shall also consider for release of the subsistence allowance in an appropriate scale to the petitioner. No costs. Consequently, connected Writ Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sd To

1. The Chief Conservator of Forests and Conservator of Forests (FAC) Salem Circle, Salem.

2. The District Forest Officer, Namakkal Division, Namakkal.

+1cc to Mr.S.Vijayakumar, Advocate, S.R.No.41969 +1cc to the Special Government Pleader, S.R.No.41831 Writ Petition No.16070 of 2018 CS/26/07/18 https://hcservices.ecourts.gov.in/hcservices/