Madras High CourtWP(MD)/12861/2018disposed of

Muthumanikam v. The Executive Officer

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.12861 of 2018 Muthumanikam ... Petitioner vs.

The Executive Officer, Thirugurunkudi Town Panchayat, Tirunelveli District-627 109.

... Respondent (amendment is made as per order of this Court,W.M.P.(MD)No.12644 of 2018 dated 04.04.2019.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to revoke the order of suspension dated 08.06.2015 on completion of 3 months period in the light of Government letter dated 23.07.2015. For Petitioner : Mr.N.Mohideen Basha For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader

ORDER

The Writ Petition is filed seeking a direction to the respondent to revoke the order of suspension dated 08.06.2015 on completion of 3 months period, in the light of Government letter dated 23.07.2015.

2. The case of the petitioner is that he was appointed as Sanitary Worker through District Employment Exchange. While he was working, he was placed under suspension without any enquiry. Hence, he made a representation dated 02.04.2018, to the respondent seeking to cancel the order of suspension. However, the same has not been considered so far. Hence, the petitioner has approached this Court by filing this writ petition.

3. The learned Counsel appearing for the petitioner submitted that without conducting any enquiry or proceed further on merits and in accordance with law, the petitioner is kept under suspension. Hence, he seeks for appropriate orders.

4. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the nature of the relief as sought for by the petitioner, without going into the merits of the case, the respondent is directed to consider the representation of the petitioner dated 02.04.2018 and pass appropriate orders on merits and in accordance with law and also in the light of the decision of the Honourable Supreme Court of India, dated 16.02.2015, in Ajay Kumar Choudhary Vs. Union of India through its Secretary and another, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS) ssl To The Executive Officer, Thirugurunkudi Town Panchayat, Tirunelveli District-627 109.

+1 CC to M/s.N.MOHIDEEN BASHA, Advocate ( SR-58992[F] dated 04/04/2019 ) W.P(MD)No.12861 of 2018 04.04.2019 ES/30.04.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/