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Madras High CourtWP/25215/2022disposed of

R.Parameshwaran v. The District Collector

2022-09-20Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR R.Parameshwaran ... Petitioner Vs 1.The District Collector, District Collector Office, Namakkal.

2.The District Revenue Officer, District Revenue Office, Namakkal.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to pass orders on the petitioner's representation dated 02.03.2022 & 17.03.2022 for review of suspension order issued by the 2nd respondent in Roc.No.25858/2021/A3 dated 02.11.2021 on merits. For Petitioner : Mr.K.S.Karthik Raja For Respondents : Mrs.M.Geetha Thamarai Selvan Special Government Pleader 1/6

ORDER

The prayer sought for herein is for a writ of mandamus directing the respondents to pass orders on the petitioner's representation dated 02.03.2022 & 17.03.2022 for review of suspension order issued by the 2nd respondent in Roc.No.25858/2021/A3 dated 02.11.2021 on merits.

2. The petitioner has been working as Revenue Inspector at the Revenue Department at Tiruchengode Taluk, Namakkal District. He has been placed under suspension on 02.11.2021 of course pursuant to a vigilance case. Since he has been under suspension from 02.11.2021 in order to review the said suspension the petitioner has given a representation on 02.03.2022 and the same since has not been considered so far, he has approached this Court by filing the present writ petition.

3. Heard Mr.K.S.Karthik Raja, learned counsel appearing for the petitioner who would submit that, if the respondents are directed to consider the representation of the petitioner dated 02.03.2022 in the light of the Government Order issued in this regard and an order to that effect is passed after review within a time frame it would satisfy the petitioner, he contended.

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4. Heard Mrs.M.Geetha Thamarai Selvan, learned Special Government Pleader, who having taken notice for the respondents, would submit that, since the petitioner has been arrested pursuant to the Vigilance and Anti Corruption case, the petitioner suspension cannot be immediately reviewed. But at any rate, since the Government has given guidelines under G.O.(Ms)No.81 Human Resources Management (N) Department, dated 04.08.2022, the representation submitted by the petitioner in this regard dated 02.03.2022 would be considered and decided on merits and in accordance with law within a time frame that may be stipulated, she contended.

5. Having regard to the said submissions made by both sides, this Court is inclined to dispose of this writ petition with the following order: That the representation submitted by the petitioner dated 02.03.2022 shall be considered and decided by making a review by the respondents either the 1st respondent or 2nd respondent as the case may be, by taking into account of the import of the guidelines issued by the Government through G.O.(Ms).No.81 dated 04.08.2022 and pass orders thereon 3/6

within a period of four weeks from the date of receipt of a copy of this order.

6. With this direction, this Writ Petition is disposed of. No costs. 20.09.2022 Index : Yes/No Speaking Order : Yes/No Sgl To 1.The District Collector, District Collector Office, Namakkal.

2.The District Revenue Officer, District Revenue Office, Namakkal.

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R. SURESH KUMAR, J.

Sgl 20.09.2022 5/6