R.Vigneswaran v. The Block Deputy Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.43472/2016 & WMP.Nos.37314 & 37315/2016 R.Vigneswaran ..

Petitioner Vs.

1.The Block Deputy Commissioner [South] Corporation of Greater Chennai, Block Office [South], Chenani 600 003.

2.The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai 600 003.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorari calling for the records of the 1st respondent in connection with the impugned order passed by him in Va.Aa [South] Na.Ka.No.A2/6751/2016 dated 10.11.2016 and quash the same.

For Petitioner :

Mr.M.Muthappan For Respondents:

Mr.G.Anantharangan

ORDER

By consent, the writ petition is taken up for final disposal. Mr.G.Anantharangan, learned counsel accepts notice on behalf of the respondents.

The petitioner had served as Sanitary Inspector in the Public Health Department in the services of the 2nd respondent / Corporation and he was deputed to "Amma Canteen" located in Division No.50 on 20.04.2015 and while serving there, he was issued with the impugned order of suspension dated 10.11.2016, alleging that while serving in that capacity, he has indulged in the acts of misappropriation and thereby, caused loss to the Corporation and challenging the legality of the same, the petitioner came forward to file the present writ petition.

The learned counsel for the petitioner would submit that the alleged occurrence is said to have taken place about two years back and on account of the fact that the petitioner being the Secretary of Greater Chennai Corporation Sanitary Inspectors Welfare Association and fighting for the cause of the employees, the impugned order of suspension has been issued with an oblique and mala fide motive and hence, prays for quashment of the same.

This Court heard the submissions of Mr.G.Anantharangan, learned counsel appearing for the respondents who would submit that the contemplation of the disciplinary enquiry, the petitioner has been placed under suspension.

This Court has considered the rival submissions and also perused the materials placed before it. The petitioner, after receipt of the impugned order of suspension, has submitted a representation dated 15.11.2016, praying for revocation of the order of suspension and also not to take disciplinary action.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim to be projected by the petitioner either in his representation or in this writ petition, permits the petitioner to submit one more representation to the 1st respondent along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order and the 1st respondent, on receipt of the same, is directed to consider the said representation on merits and in accordance with law and pass orders within a further period of eight weeks thereafter and communicate the decision taken, to the petitioner herein.

The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar AP To 1.The Block Deputy Commissioner [South] Corporation of Greater Chennai, Block Office [South], Chenani 600 003.

2.The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai 600 003.

+1 cc to Mr.M.Muthappan Advocate sr 73923 +1 cc to Mr.G.Anantharangan Advocate sr 73736 WP.No.43472/2016 sv(co) aa06/01/2017