Madras High CourtWP(MD)/15682/2018disposed of

Tamilselvi v. The Director Of Elemetnary

2018-07-20Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD) No.15682 of 2018 Tamilselvi ... Petitioner Vs.

1.The Director of Elementary Education, DPI Campus, College Road, Chennai-6.

2.The District Elementary Educational Officer, District Elementary Educational Officer, Old Collectorate Road, Thanjavur.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 03.06.2018.

For Petitioner : Mr.S.Venkatesan For Respondents : Mr.M.Murugan Government Advocate

ORDER

The prayer sought for in this writ petition is for a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 03.06.2018.

2.Heard Mr.S.Venkatesan, the learned counsel appearing for the petitioner and heard Mr.M.Murugan, learned Government Advocate appearing for the respondents.

3.The grievance of the petitioner is that the petitioner has been placed under suspension, by order dated 29.04.2018, unnecessarily by implicating in a criminal case, where the petitioner not even been arrested. In spite of the said factor, the suspension order dated 29.04.2018 is continuing beyond the period of three months.

4.In this regard, the learned counsel appearing for the petitioner would submit that as per the dictum laid down in AjayKumar Choudry Vs. Union of India (2015) 7 SCC 291, in every frequent interval, such suspension order shall be reviewed and if the Authorities decided that the suspension has to be extended for a limited period, for which, reasons to be recorded. Here, in the https://hcservices.ecourts.gov.in/hcservices/

case in hand, without any reason, the suspension is being prolonged from 29.04.2018 to till date and therefore, in this regard, the petitioner has given a representation dated 03.06.2018 and if the said representation is considered and an order to that effect is passed on merits, within a time frame, the petitioner would be satisfied.

5.I have heard Mr.M.Murugan, learned Government Advocate appearing for the respondents, who would submit that the said representation of the petitioner, dated 03.06.2018 would be considered on merits and in accordance with law and an order to that effect would be passed, within a time frame that may be stipulated by this Court.

6.Considering the said submission made by both sides and taking into account the limited scope of the writ petition, this Court is inclined to pass the following order:- "that the first respondent is directed to consider the representation of the petitioner, dated 03.06.2018 on merits and in accordance with law and pass orders thereon, within a period of six weeks from the date of receipt of a copy of this order."

7.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-II) To 1.The Director of Elementary Education, DPI Campus, College Road, Chennai-6.

2.The District Elementary Educational Officer, District Elementary Educational Officer, Old Collectorate Road, Thanjavur.

+1CC TO MR.S.VENKATESAN, ADVOCATE IN SR.No.74204. +1CC TO SPECIAL GOVERNMENT PLEADER IN SR.No.74331. Rmi DS RP SAR-2;03.09.2018; 2P/5C W.P.(MD) No.15682 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 20.07.2018