Madras High CourtWP(MD)/5192/2016disposed of

P.Shanthi, v. The Deputy Director Of

2016-03-15Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.03.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.5192 of 2016 and W.M.P(MD)No.4646 of 2016 P.Shanthi ... Petitioner Vs.

1.The Deputy Director of Fisheries (Regional), Madurai.

2.The Assistant Director of Fisheries, Madurai.

3.The Commissioner of Fisheries, Chennai.

4.The Secretary to Government of Tamil Nadu, Fisheries Department, Chennai - 600 009. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the first respondent passed in Na.Ka.No.928/A/2015, dated 02.03.2016 and quash the same.

For Petitioner : Mr.G.Rengarajan For Respondents : Mr.G.Muthukannan, Government Advocate

ORDER

Mr.G.Muthukannan, learned Government Advocate takes notice for the respondents.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3. The petitioner was working in the second respondent office as Superintendent and she was suspended on 02.03.2016 as per the proceedings of the first respondent in R.C.No.928/A/2015, dated 02.03.2016.

The said suspension order according to the https://hcservices.ecourts.gov.in/hcservices/

petitioner, is without enquiry or giving any memo in that regard. The petitioner also complains that the report received from the second respondent, dated 01.03.2016 in letter No.186/B/2016 was also not served on her. It is also stated that on 09.03.2016, the petitioner was served with the charge-memo in R.C.No.928/A/2015, dated 07.03.2016, with the enclosures.

4. The learned Government Advocate appearing for the respondents informs this Court that Enquiry Officer has not yet been appointed in this matter.

5. Perusal of the records would show that after suspension, charge-memo has been issued and the petitioner has also filed her explanation. At this stage, the petitioner has come to this Court to quash the suspension order, which is not permissible.

6. In view of the above, without expressing any opinion on the merits of the matter, the first respondent is directed to appoint an Enquiry Officer within a period of two weeks from the date of receipt of a copy of this order and complete the enquiry, within a period of eight weeks thereafter.

With the above direction, the Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Co-Dept) /True copy/ Sub Assistant Registrar To 1.The Deputy Director of Fisheries (Regional), Madurai. 2.The Assistant Director of Fisheries, Madurai. 3.The Commissioner of Fisheries, Chennai.

4.The Secretary to Government of Tamil Nadu, Fisheries Department, Chennai - 600 009.

+one cc to M/s.G.Rengarajan, Advocate in SR.No.15062 CSL/NGM-SS/22.03.2016/2P/6C W.P(MD)No.5192 of 2016 15.03.2016 https://hcservices.ecourts.gov.in/hcservices/