Madras High CourtWP/18432/2018disposed of

S.Subramaniam, v. The Commissioner

2018-07-26Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.18432 of 2018 S.Subramaniam ..

Petitioner vs 1.The Commissioner, 119, Uthamar Gandhi Salai, Nungambakkam Road, Chennai-600 034.

2.The Joint Commissioner, Dr.Balasundaram Road, (Near Anna Statue) Coimbatore-18.

3.The Assistant Commissioner, Jhawan Building, Near Manickam Theatre, Erode.

4.The Executive Officer, Mahaveera Anjaneyar Thirukoil V.O.C. Park, Erode.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari calling for the records pertaining to the impugned order dated 27.06.2018 issued by the second respondent in his proceeding Se.Mu.Na.Ka. No.6155/2018/Aa3 regarding the removal from trustee of these petitioner respectively and quash the same.

For Petitioner ::

Mr.Srinath Sridevan for Mr.M.Guruprasad For Respondents ::

Mr.M.Maharaja, Special Government Pleader

ORDER

When the matter is taken up for hearing, learned Special Government Pleader appearing for the respondents fairly submitted that only on an anonymous complaint received from the public, a decision was taken removing the petitioner from service. However, the petitioner has not been issued with a copy of notice or the copy of the complaint. However, the matter may be remanded back to the Joint Commissioner, HR&CE, Coimbatore for fresh hearing.

2.Recording the submission made by the learned Special Government Pleader appearing for the respondents, the impugned order is set aside and this writ petition is disposed of remanding back the matter to the Joint Commissioner HR&CE, Coimbatore, who is hereby directed to provide reasonable opportunity to the petitioner and pass orders, according to law, within a period of three months from the date of receipt of a copy of this order. Till then the petitioner is permitted to continue in service and he shall be furnished with a copy of the complaint and other documents if any.

3.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vga To 1.The Commissioner, 119, Uthamar Gandhi Salai, Nungambakkam Road, Chennai-600 034.

2.The Joint Commissioner, Dr.Balasundaram Road, (Near Anna Statue) Coimbatore-18.

3.The Assistant Commissioner, Jhawan Building, Near Manickam Theatre, Erode.

4.The Executive Officer, Mahaveera Anjaneyar Thirukoil V.O.C. Park, Erode.

+1cc to Mr.M.Guruprasad, Advocate, S.R.No.51520 W.P. No.18432 of 2018 MR(CO) GSP(20/08/2018)