A.Kurshid Sheriff v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.2834 of 2016 and WMP.Nos.2374 & 2375 of 2016 A.Kurshid Sheriff ..

Petitioner Vs The Director Forensic Sciences Department, Mylapore, Chennai-600 004.

..

Respondent Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified- Mandamus, call for the records relevant to the order in Proc.No.A3/40262/2015 dated 04-11-2015 passed by the respondent and quash the same as illegal, improper against the natural justice and thereby direct the respondent to reinstate the petitioner into his service and pay back all those service benefits to the petitioner since 04-11-2015 For Petitioner : Mr.M.V.Muralidaran For Respondent : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. Mr.M.V.Muralidaran, learned counsel appearing for the petitioner would submit that though the petitioner has filed the writ petition to quash the order of suspension on 04.11.2015, it would be suffice to issue a direction to the respondent to consider the representation of the petitioner dated 21.01.2016. https://hcservices.ecourts.gov.in/hcservices/

3. According to the petitioner, he was appointed as an Office Assistant in the respondent department on 11.03.1987. Since he was implicated in a criminal case in Crime No.3017 of 2015 on the file of the Inspector of Police, E1 Mylapore Police Station, he was arrested and remanded to Judicial Custody on 02.11.2015 and he was released on regular bail. Thereafter, he was placed under suspension on 04.11.2015. In this regard, the petitioner gave a representation dated 21.01.2016 to revoke the suspension and re-instate into service. Since no order has been passed, the present writ petition has been filed.

4. Heard the submission of Mr.M.V.Muralidaran, learned counsel appearing for the petitioner and V.Jayaprakash Narayanan, learned Special Government Pleader, who accepts notice on behalf of the respondent.

5. This Court, considering the above facts and circumstances, permits the petitioner to submit one more representation to the respondent by enclosing a copy of this order as well as copy of the relevant records within a period of two weeks from the date of receipt of a copy of this order. The respondent, on receipt of the same, is directed to consider the said representation on merits and in accordance with law and pass appropriate orders within a period of six weeks therefrom and communicate the decision taken, to the petitioner. The writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To The Director Forensic Sciences Department, Mylapore, Chennai-600 004.

+1 cc to M/s.M.V.Muralidharan Advocate sr.5032 +1 cc to the Government Pleader High Court Madras sr.5478 W.P.No.2834 of 2016 and WMP.Nos.2374 & 2375 of 2016 aa07/03/2016 https://hcservices.ecourts.gov.in/hcservices/