← Library
Madras High CourtWP/31481/2022disposed of

S.Nagarajan v. The Managing Director

2022-11-25Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.Nagarajan ... Petitioner Vs.

The Managing Director, Tamil Nadu Civil Suppliers Corporation, Head Office, Kilpauk, Chennai - 10.

... Respondent PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pass orders on the representation dated 30.10.2022 seeking for revocation of suspension by reviewing the same.

For Petitioner :

Mr.L.Chandrakumar For Respondent :

Mr.J.Ravindran Additional Advocate General Assisted by Mr.C.Selvaraj Additional Government Pleader

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the respondent to pass final orders on the petitioner's 1/5

representation dated 30.10.2022, seeking for revocation of his suspension order dated 07.08.2021, within a time frame to be fixed by this Court.

2. The petitioner has been suspended from 07.08.2021 and on account of his long suspension, he has given a representation on 30.10.2022 to the respondent, requesting for revocation of his suspension. Since the representation has not been considered till date, he has filed this Writ Petition.

3. Heard Mr.L.Chandrakumar, learned counsel for the petitioner and Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.C.Selvaraj, learned Additional Government Pleader for the respondent.

4. At the outset, learned Additional Advocate General appearing for the respondent would submit that the charges framed against the petitioner are grave in nature and further a criminal case is also pending against the petitioner and therefore, the question of revoking the petitioner's suspension will not arise at this stage.

2/5

5. However, learned counsel for the petitioner would submit that due to the long suspension and due to the fact that the trial has already commenced in the criminal case, no prejudice would be caused to the respondent if the petitioner's representation, seeking for revocation of his suspension is considered on merits and in accordance with law.

6. This Court is not expressing any opinion on the merits of the petitioner's representation. However, this Court is of the considered view, after hearing the rival submissions that no prejudice would be caused to any of the parties, if the petitioner's representation, seeking for revocation of his suspension is considered on merits and in accordance with law within a time frame to be fixed by this Court.

7. For the foregoing reasons, this Court directs the respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 30.10.2022, seeking for revocation of his suspension order dated 07.08.2021, within a period of twelve weeks from the date of receipt of a copy of this order.

3/5

8. With the aforementioned directions, this Writ Petition is disposed of. No Costs.

25.11.2022 Index : Yes/No Speaking Order : Yes / No ab To The Managing Director, Tamil Nadu Civil Suppliers Corporation, Head Office, Kilpauk, Chennai - 10.

4/5

ABDUL QUDDHOSE. J., ab 25.11.2022 5/5