Swaminathan.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.11458 of 2022 and W.M.P.(MD)No.8144 of 2022 M.Swaminathan ... Petitioner /vs./ The District Collector, Thanjavur, Thanjavur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for entire records relating to the impugned proceedings in R.C.No.9532/2021/K.4, 12.10.2021 rejecting the revocation of suspension issued by the respondent and quash the same as illegal and consequently to direct the respondent to reinstate the petitioner in service forthwith with all service benefits, based on the representation dated 04.06.2022 given by the Writ petitioner.

For Petitioner : Mr.S.Manikandan For Respondent : Mr.G.Suriyananth Additional Government Pleader 1/4

ORDER

On the ground of prolonged suspension, the petitioner herein has sought for revocation of the suspension, which came to be rejected through the impugned order, dated 12.10.2021.

2.After passing of the impugned order, the Government had now issued a fresh Government Order in G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022, giving certain guidelines for review of prolonged suspension orders.

3.In view of the new guidelines issued in G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022, it would be appropriate to direct the respondent to reconsider the petitioner's suspension order. 4.Accordingly, the petitioner is granted liberty to give a fresh representation to the respondent herein, seeking for revocation of the suspension order and on receipt of the same, the respondent shall consider on its own merits, in the light of G.O.Ms.No.81, Human Resources Management (N) Department, dated 2/4

04.08.2022, and pass appropriate orders, in accordance with law, within a period of two (2) weeks from the date of receipt of the petitioner's representation. This Writ Petition stands allowed accordingly. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 23.08.2022 Index : Yes / No Internet : Yes / No sm TO:

The District Collector, Thanjavur, Thanjavur District.

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M.S.RAMESH, J.

Sm Order made in W.P.(MD)No.11458 of 2022 Dated:

23.08.2022 4/4