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Madras High CourtWP/33996/2019disposed of

S.P.Subashkumar v. The Revenue Divisional Officer

2019-12-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.33996 of 2019 S.P.Subashkumar Petitioner vs.

1. The Revenue Divisional Officer, Gobichettipalayam.

2. The Tahsildar, Nambiyur, Erode District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the representation of the petitioner dated 09.08.2019 and to review the order of suspension dated 25.08.2018.

For Petitioner : Mr.S.Vijayakumar For Respondents: Mr.P.S.Sivashanmuga Sundaram Special Government Pleader

ORDER

This writ petition has been filed for issuance of the writ of mandamus directing the 1st respondent to consider the representation made by the petitioner dated 09.08.2019 and to review the order of suspension dated 25.08.2018. 2.It is seen from records that the petitioner joined the Revenue Department as a Village Assistant Officer in the year 2012. Based on the complaint given against the petitioner, departmental proceedings came to be initiated on the ground that there are grave criminal charges and pending proceedings, the suspension order came to be passed against the petitioner on 25.08.2018. The petitioner continues to be under suspension. The petitioner had given a representation to the 1st respondent on 18.02.2019 seeking for revocation of suspension and since the same has not been considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3.Heard Mr.S.Vijayakumar, learned counsel appearing on behalf of the petitioner and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader appearing on behalf of the respondents.

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4.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has been under suspension for more than a year and the petitioner also alleges that 75% of subsistence allowance has not been paid to him till date, it will be appropriate to direct the 1st respondent to consider the representation made by the petitioner within a time limit to be fixed by this Court. 5.This writ petition is disposed of with a direction to the 1st respondent to consider the representation dated 09.08.2019 made by the petitioner and deal with the same on its own merits and strictly in accordance with law and dispose of the same within a period of four weeks from the date of receipt of copy of this order. The petitioner shall give a representation to the 1st respondent along with a copy of this order.

6.This writ petition is disposed of with the above direction. No Costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssr To

1. The Revenue Divisional Officer, Gobichettipalayam.

2. The Tahsildar, Nambiyur, Erode District.

3. The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.S.Vijayakumar , Advocate SR.No. 102088 +1 cc to Government Pleader Sr.No. 102508 W.P No.33996 of 2019 A.SK(11/12/2019) https://hcservices.ecourts.gov.in/hcservices/