Madras High CourtWP(MD)/4660/2025disposed of

P.Ramesh v. The Divisional Engineer

2025-03-17Honourable Mr. Justice Battu Devanand4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025

CORAM:

THE HON'BLE MR.JUSTICE BATTU DEVANAND W.P.(MD).No.4660 of 2025 and W.M.P(MD).No.3350 of 2025 P.Ramesh ... Petitioner Vs.

1. The Divisional Engineer, Highways (C&M), Tenkasi.

2. The Assistant Divisional Engineer, Highways (C&M), Shencottai, Tenkasi.

3. The Junior Engineer, Highways (C&M), Shencottai, Tenkasi.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent vide his proceedings in Se.Mu.Ka.No.1800/2024/Aa1 dated 08.11.2024 and to quash the same as illegal and consequently directing the respondents herein to reinstate the petitioner into service. 1/4

For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. Carefully perused the materials available on record.

2. The petitioner who was working as Selection Grade Gang Mazdoor (Salai Paniyalar) in the office of the 3rd respondent was suspended from service vide proceedings dated 02.11.2024 of the 1st respondent on the ground of involvement of criminal case in Crime No.400 of 2024 on the file of the Courtallam Police Station. Thereafter, he sent a representation to the 1st respondent through the 3rd respondent on 15.11.2024, requesting to revoke the order of suspension. It is not considered by the respondents. Yet that stage, the petitioner filed the present writ petition challenging the suspension order dated 08.11.2024. But during the course of hearing, the learned counsel submits that he has restricted the relief in this writ petition to pass orders to consider the representation dated 15.11.2024 submitted to the respondents for revocation of the order of suspension. 2/4

3. The learned Additional Government Pleader appearing for the respondents submits that the representation of the petitioner will be considered in accordance with law within a time stipulated by this Court.

4. Considering the submissions of the respective counsels, in our considered view this writ petition can be disposed of without going into the merits of the case at the stage of admission, with the consent of both sides.

5. Accordingly, the writ petition is disposed of with a direction to the 1st respondent to consider the representation dated 15.11.2024 submitted by the petitioner to revoke the order of suspension dated 08.11.2024 in accordance with law particularly by following the instructions issued by the Government in G.O.(Ms).No.81 Human Resources Management Department dated 04.08.2022, within the period to be stipulated in the intent of justice.

There shall be no order as to costs.

Consequently, connected miscellaneous petition is closed. 17.03.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

BATTU DEVANAND, J.

rgm To

1. The Divisional Engineer, Highways (C&M), Tenkasi.

2. The Assistant Divisional Engineer, Highways (C&M), Shencottai, Tenkasi.

3. The Junior Engineer, Highways (C&M), Shencottai, Tenkasi.

W.P.(MD).No.4660 of 2025 and W.M.P(MD).No.3350 of 2025 17.03.2025 4/4