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Madras High CourtWP(MD)/12982/2017dismissed

A.Jeevarathinam, v. The Principal District Judge,

2017-07-13Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.12982 of 2017 and W.M.P.(MD).No.10067 of 2017 A.Jeevarathinam ... Petitioner vs.

1. The Principal District Judge, Ramanathapuram.

2. The District Munsif -Cum-Judicial Magistrate, Thiruvadanai, Ramanathapuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certioraified Mandamus to call for the records pertaining to the impugned suspension order against the petitioner passed by the respondent No-2 dated 28.06.2017 and quash the same as illegal, consequently directing the respondent No.2 to regularize the petitioner service.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.D.Venkatesh

JUDGMENT

[Judgment of the Court was delivered by M.M.SUNDRESH, J.] By consent, the writ petition itself is taken up for final disposal.

2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 3.What has been challenged is only an suspension order. It is settled law that an order of suspension, pending disciplinary proceedings, is not a punishment. It is not the case of the https://hcservices.ecourts.gov.in/hcservices/

petitioner that the second respondent, who passed the order, does not have jurisdiction. There is no need to give an opportunity while passing the suspension order exercising the power. 4.In such view of the matter, the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Principal District Judge, Ramanathapuram.

2. The District Munsif -Cum-Judicial Magistrate, Thiruvadanai, Ramanathapuram District.

+ 1 CC TO Mr.D.VENKADESH, ADVOCATE IN SR No. 65161 + 1 CC TO Mr.S.M.A.JINNAH, ADVOCATE IN SR No. 65457 AM/SSS TE/MR-KKR/SAR-I : 01/08/2017 : 2P/5C W.P.(MD)No.12982 of 2017 and W.M.P.(MD).No.10067 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/