S.Jose Alwyn v. The Chairman Cum Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P NO.34966 OF 2019 S.Jose Alwyn Petitioner vs.
1. The Chairman cum Managing Director,
2. The Chief Engineer (Personal)
3. The Chief Engineer / Distribution, TANGEDCO, Chennai Region / North,
4. The Superintending Engineer, CDEC/Central/Chennai, MGR Salai, Chennai - 600 034.
Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to consider the representation dated 03.09.2019 which has been given to revoke the order of suspension for reinstatement within the time frame that may be fixed by this Court.
For Petitioner : Mr.M.Aloysius Raja Pragash For Respondents : Mr.P.R.Dhilip Kumar Standing Counsel
O R D E R
This writ petition has been filed for issuance of writ of mandamus directing the 3rd respondents to consider the representation made by the petitioner and revoke the order of suspension and for reinstatement of the petitioner into service.
2.The case of the petitioner is that he was working as Assistant Engineer/Operation & Maintenance in the TANGEDCO office at Chennai. A criminal case came to be registered against the petitioner under the Prevention of Corruption Act and the petitioner was also arrested. The suspension order came to be passed on 16.02.2019, on the ground of deemed suspension from the date of arrest and detention of the petitioner in the corruption case.
3.The grievance of the petitioner is that the suspension of the petitioner is continuing till date and therefore, a representation was made to the respondents requesting for revocation of the suspension and to reinstate the petitioner into service. Since this representation was not considered, the present writ petition has been filed before this Court. 4.Heard Mr.M.Aloysius Raja Pragash, learned counsel appearing on behalf of the petitioner and Mr.P.R.Dhilip Kumar, learned Standing Counsel appearing on behalf of the respondents. 5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for by the petitioner in the present writ petition, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 03.09.
2019 and pass appropriate orders within a period of four weeks from the date of receipt of copy of this order, strictly in accordance with law. The petitioner is directed to make a fresh representation to the 3rd respondent along with the earlier representation dated 03.09.2019 and a copy of this order.
6.This writ petition is disposed of with the above directions. No Costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr To
1. The Chairman cum Managing Director,
2. The Chief Engineer (Personal)
3. The Chief Engineer / Distribution, TANGEDCO, Chennai Region / North,
4. The Superintending Engineer, CDEC/Central/Chennai, MGR Salai, Chennai - 600 034.
+1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No.104811 +1cc to Mr.M.Aloysius Raja Pragash, Advocate, S.R.No.104700 +1cc to Mr.M.Aloysius Raja Pragash, Advocate, S.R.No.104700 (20.01.2020) W.P No.34966 of 2019 MG(CO) CS/13/01/2020