S.Vinoth v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN S.Vinoth ... Petitioner Vs.

1.The Commissioner Backward Classes and Minorities Welfare Department Ezhilagam, Chepauk, Chennai - 600 005 2.The District Backward Classes and Minorities Welfare Department, Salem, Salem District ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondent to reinstate the petitioner in the light of the judgment passed in C.C.No.28 of 2022 dated 30.10.2023 by disposing of the petitioner's representation dated 03.10.2024 within the time frame fixed by this Court. 1/6

For Petitioner : Mr.A.Rajakumar For Respondent : Mr.R.Sasikumar Government Advocate

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the 1st and 2nd respondent to reinstate the petitioner in the light of the judgment passed in C.C.No.28 of 2022 dated 30.10.2023 by disposing of the petitioner's representation dated 03.10.2024 within the time frame fixed by this Court.

3. Heard the learned counsel for both sides and perused the materials available on record.

2/6

4. The learned counsel for the petitioner would submit that the petitioner was appointed as Sweeper in the Government College Boys Hostel, Vadasennimalai on 16.08.2016 by the 2nd respondent. Thereafter, the petitioner was arrested for the charges under Sections 170 and 392 of the Indian Penal Code read with Section 34 of IPC and FIR came to be registered in Crime No.68 of 2021 on the file of Attur Town Police Station. Thereafter, a criminal case was registered in C.C.No.28 of 2022 on the file of the Judicial Magistrate-I, Attur, Salem District and based upon the conviction, he was suspended from his duty and thereafter, the criminal proceedings ended in acquittal. It is the further submission of the petitioner that the Disciplinary Authority has also initiated disciplinary proceedings against the petitioner, which was also subsequently stayed by the High Court. Now, in view of an acquittal, he has given a representation to the respondent for reinstatement, which is pending before them since 03.10.2024.

5. At this juncture, the learned Government Advocate appearing for the respondents would submit that they would consider the petitioner's representation according to it's own merit and in accordance with law. 3/6

6. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the representation dated 03.10.2024 and pass orders in accordance with Rule Provision, within a period of twelve weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs. 17.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Commissioner Backward Classes and Minorities Welfare Department Ezhilagam, Chepauk, Chennai - 600 005 2.The District Backward Classes and Minorities Welfare Department, Salem, Salem District 5/6

C.KUMARAPPAN, J.

dm 17.07.2025 6/6