P.Samidurai v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.24281 of 2021 P. Samidurai ..Petitioner Vs.

1. The Secretary of Government, Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai-600 009.

2. The Commissioner for Milk Production and Dairy Development, Madhavaram Milk Colony, Chennai - 600 051

3. The Deputy Regitrar (Dairying), Perambalur

4. The President, TRD 1387 N. Pudur Milk Producers Cooperative Society, Bimbaloor Post, Veppanthattai Taluk, Perambalur - 621 117.

..Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying for Writ of Certiorarified Mandamus directing the respondents to call for records in respect of the suspension order dated 26.03.2021 passed by the 4th respondent which was deemed to be suspended with retrospective effect from 10.3.2021, quash the same and consequently directing the respondents by taking necessary action on the petitioner's representation dated 22.07.2021 and so as to reinstate the petitioner in service on the ground of prolonged suspension within the time limit which may be fixed by the court.

For Petitioner : M/s.R. Sethupandian For Respondents 1&2 : Mr.P. Balathandayatham, Special Govt Pleader ******

O R D E R

According to the petitioner, due to certain allegation made against the petitioner based on the complaint, by order dated 26.3.2021, the petitioner was placed under suspension by the second respondent. According to the petitioner, charges framed against the petitioner and the petitioner will cooperate with the enquiry proceedings. Therefore, the impugned suspension order passed against the petitioner is liable to be revoked and the petitioner should be reinstated in service subject to final order passed in the disciplinary proceedings pending against the petitioner.

2. The writ petitioner made representation on 22.7.2021 and the petitioner was suspended from service with effect from 10.3.2021 and the petitioner was under suspension for a prolonged period. Therefore, this Court is inclined to direct the respondents to consider the petitioner's representation, dated 22.7.2021 on its own merit and pass appropriate orders as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of copy of the order. 3 The writ petition stands dismissed with the above directions. No costs.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar vaan To

1. The Secretary of Government, Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai-600 009.

2. The Commissioner for Milk Production and Dairy Development, Madhavaram Milk Colony, Chennai - 600 051

3. The Deputy Regitrar (Dairying), Perambalur

4. The President, TRD 1387 N. Pudur Milk Producers Cooperative Society, Bimbaloor Post, Veppanthattai Taluk, Perambalur - 621 117.

+1cc to Mr.R.Sethupandian, Advocate SR.No.10473 +1cc to the Government Pleader, SR.No.10734 W.P.No.24281 of 2021 PMK(CO) CB(02/03/2022)