Chandran.E v. The Commissioner Of Treasuries And Accounts
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P(MD)Nos.16316 & 16320 of 2021 E.Chandran ... Petitioner Vs.
1.The Commissioner of Treasuries and Accounts, O/o. Commissioner of Treasuries and Accounts, Chennai-600 035.
2.The Additional Director (Administration), O/o. the Additional Director of Treasuries and Accounts Department, Chennai-600 035.
3.The Treasury Officer, Treasuries and Accounts Department, Dindigul.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the 3rd respondent vide his proceedings RC No.11117/2018/P1 dated 27.07.2018 and the consequential impugned order passed by the 2nd respondent vide his proceedings e.f.vz;.29455/f;A+2/2018 dated 13.12.2019 and quash the same as illegal and pass such further or other orders as this Court.
For Petitioner : Mr.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.S.Shanmugavel, Standing Counsel for State.
ORDER
The writ petition has been filed for the issuance of a Writ of Certiorari, calling for the records relating to the impugned order passed by the 3rd respondent vide his proceedings RC No.11117/2018/P1 dated 27.07.2018 and the consequential impugned order passed by the 2nd respondent vide his proceedings e.f.vz;.29455/f;A+2/2018 dated 13.12.2019 and quash the same. 1/3
2. According to the petitioner, the writ petitioner was suspended from service for involving in a criminal case in Crime No.07/2018 on 27.07.2018 for alleged offences under Section 7 of Prevention of Corruption Act 1988. According to the petitioner, he demanded a bribe amount of Rs.8,000/- from one Mr.M.Selvaraj, for granting of Death cum Retirement Gratuity and Pay arrears. A detailed explanation was also submitted to the respondent in response to the charge memo and the same is pending but, so far the petitioner has been kept under prolonged suspension for the past three years. Therefore, he made a representation to the respondent to revoke his suspension order.
3. The learned Standing Counsel for the respondent would submit, that the petitioner's Criminal Case is pending in Crime No.07/2018 on the file of Chief Judicial Magistrate's Court, Dindigul. The petitioner has charged for demanding a bribe amount of Rs.8,000/- from one, Mr.M.Selvaraj. However, the learned Government Counsel would submit that the aforesaid revocation charge will be considered and appropriate decision will be taken by the authority concerned.
4. In view of the above, without expressing any opinion on its merits, this Court is inclined to direct the second respondent to consider the petitioner's representation on its own merits and in accordance with law and pass orders as expeditiously as possible within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. The writ petition stands dispose of, with the above directions. No Costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Commissioner of Treasuries and Accounts, O/o. Commissioner of Treasuries and Accounts, Chennai-600 035.
2.The Additional Director (Administration), O/o. the Additional Director of Treasuries and Accounts Department, Chennai-600 035.
3.The Treasury Officer, Treasuries and Accounts Department, Dindigul.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate (SR-33539[F] dated 02/11/2021) +1 CC to M/s.SPL.GP (SR-33510[F] dated 02/11/2021) and W.M.P(MD)Nos.16316 & 16320 of 2021 01.11.2021 SMV(CO) SB/SKN (19.11.2021) 3P 6C 3/3