G.Devaraj, v. The Principal Secretary/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.2722 of 2016 & W.M.P.No.2273 of 2016 G.Devaraj .. Petitioner Vs.

1.The Principal Secretary, Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005.

2.The Joint Commissioner [CT], Chennai [North] Division, Creams Road, Chennai - 600 006.

3.The Deputy Commissioner [CT], Zone II, Creams Road, Chennai - 600 006.

4.The Assistant Commissioner [CT], Evening Bazaar Assessment Circle, Chennai.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to revoke the order of suspension passed by the first respondent in Proc.No.EE2/19030/2014 dated 17.06.2014 based on petitioner's representation dated 09.12.2015. For Petitioner : Mr.M.Baskar For Respondents : Mr.A. Kanmani Annamalai Additional Government Pleader [Tax]

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that he was appointed as Junior Assistant on 05.03.2010 in the respondent Department. While he was working as Deputy Commissioner Tax Officer, at Evening Bazaar Assessment Circle, he was placed under suspension on 31.07.2014, since he was implicated in criminal case in Crime

No.1025 of 2014. Aggrieved over the prolonged suspension, the petitioner made representations dated 09.08.2014 and 09.12.2015 requesting the first respondent to revoke the suspension order. Since no order has been passed, the present Writ Petition has been filed.

3.Heard the submissions of Mr.M.Baskar, learned counsel appearing for the petitioner and Mr.A. Kanmani Annamalai, learned Additional Government Pleader [Tax], who accepts notice on behalf of the respondents.

4.This Court, taking into consideration the above facts and circumstances and without going into the merits of the same, directs the first respondent to consider the representations of the petitioner dated 09.08.2014 and 09.12.2015 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

5.The Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar sri To 1.The Principal Secretary, Commissioner of Commercial Taxes, Chepauk, Chennai - 600 005.

2.The Joint Commissioner [CT], Chennai [North] Division, Creams Road, Chennai - 600 006.

3.The Deputy Commissioner [CT], Zone II, Creams Road, Chennai - 600 006.

4.The Assistant Commissioner [CT], Evening Bazaar Assessment Circle, Chennai.

1 cc to the Special Government Pleader (Taxes), Sr. 5886 1 cc to Mr.M. Baskar, Advocate, Sr. 4760 W.P. No.2722 of 2016 & W.M.P.No.2273 of 2016 JP (CO) kk 25/2