G.Immanuel v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.21271 of 2023 G.Immanuel ... Petitioner Vs The Registrar, Tamilnadu Dr.J.Jayalalitha Fisheries University, Nagapattinam.

... Respondent Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the respondent proceedings No.U.S.O.No.476/TNJFU/Estt./A2/2023 RC.No. 2673 /TNJFU/ Estt./ A2.2023, dated 30.05.2023, quash the same as illegal, arbitrary, ultravires and consequently direct the respondent to revoke the petitioner's suspension based on the petitioner's representation dated 03.07.2023 and 04.07.2023 on merits in accordance with law within stipulated time limit as fixed by this Court. 1/5

For Petitioner : Mr.A.Prasanna Rajadurai For respondent : Mr.V.Vijayashankar Standing Counsel for the respondent

ORDER

This Writ Petition has been filed to quash the impugned proceedings No.U.S.O.No.476/TNJFU/Estt./A2/2023 RC.No.2673/ TNJFU/ Estt./ A2.2023, dated 30.05.2023 of the respondent as illegal, arbitrary, ultravires and consequently direct the respondent to revoke the petitioner's suspension based on the petitioner's representation dated 03.07.2023 and 04.07.2023 on merits in accordance with law within stipulated time limit as fixed by this Court.

2. The grievance of the writ petitioner is that a charge memo has been issued to the petitioner and he was suspended from service on 30.05.2023. The petitioner also appeared for enquiry, but final Orders has not been passed in the departmental proceedings. Hence, seeks a direction to the respondent to revoke the suspension of the petitioner.

3. The learned Standing Counsel appearing for the respondent 2/5

submitted that serious irregularities have been committed by the petitioner and infact the allegations are very serious of generating fake admit card and issuing appointment Orders and such admit cards have been generated by the petitioner. He further submitted that department proceedings has not yet commenced and charges will be framed. In such view of the matter, this Court is not inclined to interfere with the impugned Order. However, the respondent is directed to pay subsistence allowance as per Rules to the writ petitioner and expedite the departmental proceedings and conclude the same within a period of six months from the date of receipt of a copy of this Order.

4. With the above directions, this Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 19.07.2023 Index:Yes/No vrc To, 3/5

The Registrar, Tamilnadu Dr.J.Jayalalitha Fisheries University, Nagapattinam.

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N.SATHISH KUMAR, J.

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