Madras High CourtWP(MD)/17351/2016disposed of

K.Ramesh Babu, v. The Commissioner Of Fisheries

2016-09-15Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.17351 of 2016 K.Ramesh Babu ... Petitioner -vs1.The Commissioner of Fisheries, Nungambakkam Chennai - 600 006.

2.The Deputy Director of Fisheries (Regional) Quaid-e-Millath Street, Khaja Nagar, Trichy - 20.

3.The Assistant Director of Fisheries, No.4, Quaid-e-Millath Street, Khaja Nagar, Trichy - 20.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a issue a Writ of Mandamus directing the 1st respondent to revoke the order of suspension passed by him dated 24.11.2015 by considering the petitioner's representation dated 10.08.2016.

For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

This Writ petition has been filed seeking a direction to the first respondent to revoke the order of suspension dated 24.11.2015 by considering the petitioner's representation dated 10.08.2016.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader who takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner is working as Sub Inspector of Fisheries in Maruthanathi Dam, Dindigul District. He was suspended on

24.11.2015 on certain allegations under Rule 17(e)(2) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Thereafter, the first respondent issued a charge memo on 01.07.2016 framing two charges and asking the petitioner to submit his explanation within 15 days. According to the petitioner, the said charge memo has been issued after the prescribed period. Hence, the petitioner has submitted a representation dated 10.08.2016 seeking revocation of suspension order dated 24.11.2015. Since no order has been passed, the present writ petition has been filed. 4.The learned Additional Government Pleader appearing for the respondents would submit that if sufficient time is granted, the representation of the petitioner dated 10.08.2016 will be considered.

5.Under such circumstances, the first respondent is directed to consider the representation of the petitioner dated 10.08.2016 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/ Assistant Registrar(crl.side) /True Copy/ Sub Assistant Registrar.

To 1.The Commissioner of Fisheries, Nungambakkam, Chennai - 600 006.

2.The Deputy Director of Fisheries (Regional) Quaid-e-Millath Street, Khaja Nagar, Trichy - 20.

3.The Assistant Director of Fisheries, No.4, Quaid-e-Millath Street, Khaja Nagar, Trichy - 20.

+2CC to M/S. D.Selvanayagam, Advocate, SR.No. 52911, 52268 +1CC to the Special Government Pleader, SR.No. 52848 W.P(MD)No.17351 of 2016 15.09.2016 https://hcservices.ecourts.gov.in/hcservices/ mj AM/DB/14.10.2016/2P/7C