C.Kittusamy v. The Regional Director Of Municipal Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.21291 of 2021 and W.M.P.No.22531 of 2021 (Through Video Conferencing) C.Kittusamy

...Petitioner

Vs

1. The Regional Director of Municipal Administration, Office of the Regional Director of Municipal Administration, J.G.Nagar, 1st Street, Kumaranandapuram, Tiruppur.

2. The Commissioner, Palladam Municipality, Palladam.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to revoke the suspension pursuant to the proposals of the second respondent in Na.Ka.No.1028/2020/C1 dated 24.11.2020 and in Na.Ka.No.1028/2020/C1 dated 15.04.2021 so as to enable the petitioner to join duty in the second respondent Municipality.

For Petitioner : Mr.V.Vijay Shankar For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the respondents.

2. The petitioner was placed under suspension on 27.08.2020. The petitioner and the petitioner's family were indicted in a criminal case due to the suicide by a lady. Thereafter, the petitioner was placed under suspension. The petitioner has sent a representation to the second respondent stating that the https://hcservices.ecourts.gov.in/hcservices/

petitioner unfortunately got involved in a criminal case and that there is no active role even in the death of the person.

3. The petitioner has drawn attention of the two proposals sent by the second respondent to the first respondent stating that the petitioner may be reinstated into service. The two proposals are dated 24.11.2020 and 15.04.2021.

4. The first respondent is now responded back to the second respondent by asking the second respondent to take a decision being the appointing authority of the petitioner.

5. Considering the same, the second respondent is directed to pass appropriate orders based on the two proposals of the second respondent sent to the first respondent on 24.11.2020 and 15.04.2021. This exercise may be carried out by the second respondent within a period of four weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arb To

1. The Regional Director of Municipal Administration, Office of the Regional Director of Municipal Administration, J.G.Nagar, 1st Street, Kumaranandapuram, Tiruppur.

2. The Commissioner, Palladam Municipality, Palladam.

+1cc to the Government Pleader, S.R.No.52461 +1cc to M/s.V.Vijay Shankar, Advocate, S.R.No.51952 W.P.No.21291 of 2021 and W.M.P.No.22531 of 2021 RLD(CO) RGA(27/10/2021) https://hcservices.ecourts.gov.in/hcservices/