P.Balathandayutham v. The Director Of Horticulture And Plantation Crops

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Balathandayutham, Assistant Horticulture Officer (Under Suspension), Kottur Block, Office of the Deputy Director of Horticulture, Thiruvarur.

.. Petitioner Vs.

1.The Director of Horticulture and Plantation Crops, Third Floor, Agriculture Complex, Chepauk, Chennai - 600 005.

2.The Deputy Director of Horticulture, Thiruvarur, Thiruvarur District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 2nd respondent vide his proceedings in Proc.No: A2/2597/2022 dated 22.06.2023 and quash the order of suspension unjust and consequently direct the respondents to reinstate the petitioner in the post of the Assistant Horticulture Officer based on his representation dated 17.10.2023.

For petitioner :

Mr.D.Lakshmipathy For Respondents :

Mr.V.P.R.Elamparithi Additional Government Pleader 1/4

O R D E R

This writ petition has been filed challenging the order of suspension passed by the 2nd respondent dated 22.06.2023 and consequently direct the respondents to reinstate the petitioner into service based on his representation dated 17.10.2023. 2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 3.The case of the petitioner is that he was working as Assistant Horticulture Officer at Kottur Block, Tiruvarur District. An FIR came to be registered in Crime No.90 of 2022 against the petitioner and two others. The same resulted in the arrest of the petitioner and he was remanded to judicial custody. Pursuant to the same, the 2nd respondent through proceedings dated 22.06.2023 placed the petitioner under suspension.

4.The suspension of the petitioner continued and hence, the petitioner made a representation on 17.10.2023 to review and to revoke the order of suspension. Since, the same was not considered, the present writ petition has been filed before this Court. 2/4

5.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, this Court is not inclined to interfere with the impugned order and it will suffice if a direction is given to the 2nd respondent to deal with the representation made by the petitioner on 17.10.2023 on its own merits and in accordance with law and pass orders within a period of six (6) weeks from the date of receipt of a copy of this order.

6.The petitioner has been kept under suspension for more than a year and therefore, the same should be taken into consideration. The petitioner shall make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order. 7.Accordingly, this Writ Petition is disposed of with the above directions. No costs.

03.10.2024 krk Index : Yes / No Internet : Yes / No : Yes / No 3/4

N.ANAND VENKATESH, J.

krk To 1.The Director of Horticulture and Plantation Crops, Third Floor, Agriculture Complex, Chepauk, Chennai - 600 005.

2.The Deputy Director of Horticulture, Thiruvarur, Thiruvarur District.

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