A.Gunasekaran v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A. Gunasekaran .. Petitioner Vs.
1.The Managing Director, TNCSC Head Office, Chennai - 600 010.
2.The Joint Managing Director, TNCSC Head Office, Chennai - 10.
3.The District Collector, Kallakuruchi District, Kallakuruchi.
4.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Villupuram Region, Villupuram.
5.The Deputy Manager (Accounts), Regional Office, Villupuram.
6.The Superintendent (Estt.I), Regional Office, Villupuram.
.. Respondents 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records in Suspension order in RC.No.E11/1202/2021 dated 28.07.2021 issued by the fourth respondent and to quash the same as arbitrary, illegal and consequentially direct the fourth respondent to consider the representation of the petitioner on various dated 27.09.2021, 17.11.2021 & 08.08.2022 and direct the first respondent to reinstate the petitioner. For Petitioner : Ms.A. Bakkiya Lakshmi for Mr.E.C. Ramesh For Respondents : Mr.C. Selvaraj, Standing Counsel [R1, R2 & R4 to R6] Mr.L.S.M. Hasan Fizal, Additional Government Pleader [R3]
ORDER
This Writ Petition has been filed challenging the impugned suspension order dated 28.07.2021 issued to the petitioner by the fourth respondent.
2. Heard the learned counsel for the petitioner. Mr.C. Selvaraj, learned Standing Counsel, accepts notice on behalf of 1st, 2nd and 4th to 6th respondents and Mr.L.S.M. Hasan Fizal, learned Additional Government Pleader, accepts 2/6
notice on behalf of the third respondent. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The learned counsel for the petitioner would now submit that even though the petitioner has challenged the impugned suspension order, the petitioner will be satisfied if his representations seeking for revocation of the impugned suspension order, is considered on merits and in accordance with law, within a time frame to be fixed by this Court. The petitioner has earlier given representations on 27.09.2021, 17.11.2021 and 08.08.2022 for the said purpose. Since the representations of the petitioner are not considered till date, the petitioner has filed this Writ Petition.
4. No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court. Since the earlier representations are of the year 2021 and August 2022, the petitioner will have to give a fresh representation to the respondents.
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5. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the first respondent, requesting for revocation of his suspension order dated 28.07.2021, within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the said representation, the first respondent shall pass final orders on merits and in accordance with law, within a period of six (6) weeks thereafter.
6. With the aforesaid directions, this Writ Petition is disposed of. No costs.
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To 1.The Managing Director, TNCSC Head Office, Chennai - 600 010.
2.The Joint Managing Director, TNCSC Head Office, Chennai - 10.
3.The District Collector, Kallakuruchi District, Kallakuruchi.
4.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Villupuram Region, Villupuram.
5.The Deputy Manager (Accounts), Regional Office, Villupuram.
6.The Superintendent (Estt.I), Regional Office, Villupuram.
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ABDUL QUDDHOSE,J.
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