S.Ramasundaramani, v. The Director Of Municipal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.5259 of 2016 and W.M.P(MD)Nos.4707 and 6132 of 2016 S.Ramasundaramani ... Petitioner Vs.

1. The Director of Municipal Administration, Chepauk, Chennai 600 005.

2. The Municipal Commissioner, Kadayanallur Municipality, Kadayanallur, Tirunelveli District 627 751.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the Municipal Commissioner Kadayanallur Municipality Kadayanallur the 2nd respondent herein made in Na.Ka.No.2933/2012/C1 dated 06.10.2015 quash the same and direct the respondents herein to forthwith reinstate the petitioner herein as Revenue Inspector Kadayanallur Municipality within a short date that may be fixed by this Court. For Petitioner : Mr.K.Rajkumar For 1st Respondent : Mr.R.Anandharaj Government Advocate For 2nd Respondent : Mr.P.Srinivas

ORDER

Challenging the order of suspension passed by the second respondent dated 06.10.2015, the present writ petition has been filed.

2.Admittedly, while entertaining this writ petition, this Court granted interim stay for the reason that even after a passage of three months, the respondent had not issued charge memo in the light of the judgment of the Supreme Court in Ajay Kumar https://hcservices.ecourts.gov.in/hcservices/

Choudhary Vs.Union of India through its Secretary and another reported in (2015) 7 SCC 291.

3.After notice, the second respondent filed a vacate stay petition along with the counter affidavit. It is contended by the learned counsel for the second respondent that on 11.04.2016, charge memo was served on the petitioner.

4.As the charge memo has been issued to the petitioner, he shall submit his explanation for the said charges within two weeks from the date of receipt of a copy of this order. On receipt of such explanation, the second respondent shall consider and complete the proceedings within a period of three months thereafter.

5.The writ petition is disposed of accordingly. No costs. Consequently, W.M.P(MD)Nos.4707 and 6132 of 2016 are closed. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The Director of Municipal Administration, Chepauk, Chennai 600 005.

2. The Municipal Commissioner, Kadayanallur Municipality, Kadayanallur, Tirunelveli District 627 751.

+ 1 CC TO MR.K.RAJKUMAR, ADVOCATE IN SR NO. 21242 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 21415 + 1 CC TO MR.P.SRINIVAS, ADVOCATE IN SR NO. 21498 SMS TE/GSV-PM/ : 06/05/2016 : 2P/6C Writ Petition (MD) No.5259 of 2016 and W.M.P(MD)Nos.4707 and 6132 of 2016 15.04.2016 https://hcservices.ecourts.gov.in/hcservices/