Madras High CourtWP(MD)/9617/2019disposed of

V.Arasumani, v. The District Collector,

2019-04-23Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9617 of 2019 V. Arasumani ... Petitioner Vs.

The District Collector, Thanjavur District, Thanjavur.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to revoke the suspension of the petitioner and reinstate the petitioner in the post of Block Development Officer (Village Panchayat), Peravurani Block, Thanjavur District in the light of the order passed by the Hon'ble Supreme Court in Ajaykumar Choudhary Vs. Union of India reported in 2015(7) SCC 291 within the time period stipulated by this Court.

For Petitioner : Mr.K.A.S. Prabu For Respondents : Mrs.C.M. Mari Chellaiah Prabhu Additional Government Pleader

ORDER

This writ petition is filed seeking to direct the the respondent to revoke the suspension of the petitioner and reinstate the petitioner in the post of Block Development Officer (Village Panchayat), Peravurani Block, Thanjavur District in the light of the order passed by the Hon'ble Supreme Court in Ajaykumar Choudhary Vs. Union of India reported in 2015(7) SCC 291, within the time period stipulated by this Court.

2. Mr. C.M. Marichellaiah Prabhu, learned Additional Government Pleader, takes notice for the respondent. By consent, the writ petition itself is taken up for disposal at the admission stage itself.

3. The case of the petitioner is that on account of false criminal case registered against him, he was placed under suspension by proceeding dated 12.06.2017 and seeking appropriate direction to the respondent for revocation of suspension order and for reinstatement, of the petitioner into service, in line with the Judgment of the Hon'ble Supreme Court in the case of Ajaykumar Choudhary Vs. Union of India and another reported in 2015(7) SCC https://hcservices.ecourts.gov.in/hcservices/

291, he is before this Court.

4. The learned Additional Government Pleader appearing for the respondent submitted that the claim of the petitioner would be considered accordingly.

5. Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondent to consider the case of the petitioner based on his representation dated 15.02.2019 on merits and in accordance with law and also in the light of the decision in Ajaykumar Choudhary's case, cited supra and pass appropriate orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) trp To The District Collector, Thanjavur District, Thanjavur.

+1CC TO MR.K.A.S.PRABHU, Advocate Sr. No.61839 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 62623 W.P(MD)No.9617 of 2019 23.04.2019 MA(CO) TR (20.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/