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Madras High CourtWP(MD)/19634/2017allowed

Ramachandran v. The Superintending Engineer

2018-01-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19634 of 2017 Ramachandran ... Petitioner Vs.

The Superintending Engineer (Highways) Constructions and Maintenance, Tirunelveli, Tirunelveli District.

... Respondent Prayer: This writ petition is filed unders Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondent to revoke the suspension order of Se.Mu.Aa.No.1696/2017/A2 dated 18.05.2017 by considering the petitioner's representation dated 11.08.2017. For petitioner : Mr.R.Murugappan For Respondent : Mrs.S.Srimathy, Special Government Pleader

ORDER

The petitioner is working as a Driver in the respondent department. He was implicated in a criminal case. He was suspended from service on 18.05.2017. More than 8 months have lapsed.

2.The learned counsel appearing for the petitioner submits that the occurrence took place in connection with a village festival. This led to registration of the criminal case. The registration of the said criminal case has nothing to do with the discharge of the official duty by the petitioner. Keeping the petitioner under suspension will not serve any purpose.

3.Therefore, the respondent is directed to revoke the order of suspension and reinstate the petitioner in service. The writ petition is allowed as indicated above. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar

To The Superintending Engineer (Highways) Constructions and Maintenance, Tirunelveli, Tirunelveli District.

+One cc to Mr.R.Murugappan, Advocate, SR.No.42087 +One cc to The Special Government Pleader, SR.No.42652 skm RL/4C/2P/SV/MMS/SAR4/16/3/2018 W.P.(MD)No.19634 of 2017 12.01.2018 https://hcservices.ecourts.gov.in/hcservices/