The Madras High Court disposed of a writ petition seeking quashing of a suspension order. Instead of granting the writ, the court directed the officials to reconsider the petitioner's pending representation and pass orders within four weeks.
Direction to authorities to consider petitioner's representation and pass orders within four weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2017
CORAM THE HON'BLE MR.JUSTICE R.SURESH KUMAR
WP(MD) No.2646 of 2017 and WMP(MD)No.2185 of 2017
S.Muthuvel .. Petitioner
Vs
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Personal Assistant to District Collector, O/o.District Collectorate, Virudhunagar District, Virudhunagar.
3.The Assistant Director of Panchayat, Virudhunagar District, Virudhunagar.
4.The Block Development Officer, Rosalipatti Panchayat, Virudhunagar Panchayat Union, Virudhunagar District.
5.The President, Rosalipatti Panchayat, Virudhunagar Panchayat Union, Virudhunagar District. .. Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the entire records relating to the impugned suspension order passed by the 2nd Respondent vide his proceedings in Na.Ka.R.No.34074/2015 dated 14.09.2015 and quash the same as illegal. For Petitioner : Mr.M.S.Jeyakarthik For RR 1 to 3 : Mr.A.K.Baskara Pandian Special Government Pleader For RR4 and 5 : Mr.K.P.Krishnadoss Government Advocate O R D E R
https://hcservices.ecourts.gov.in/hcservices/ The prayer sought for in the writ petition is for a writ of certiorari, to call for the records pertaining to the orders
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passed by the second respondent by his proceedings, dated 14.09.2015 and quash the same.
3.Though the petitioner has come out with the present writ petition with the above said prayer, the learned counsel for the petitioner would submit that as against the impugned order of suspension, dated 14.09.2015, the petitioner had given a representation on 15.06.2016 to the first respondent wherein he has made a request that his suspension order can be revoked. Inspite of the said representation having been submitted as early as on 15.06.2016, no action was forthcoming from the respondents. Therefore, he submits that if a direction is given to the respondents to consider the said representation and to pass orders thereon within a time to be stipulated by this Court, the petitioner would be satisfied.
4.Heard the learned counsel for the petitioner and the learned Special Government Pleader and the learned Government Advocate appearing for the respondents.
5.The learned counsels for the respondents submit that though the representation has been given to the first respondent, the appropriate authority to decide the same is the fourth respondent. Therefore, if a copy of the said representation dated 15.06.2016 is given once again to the second and fourth respondents, they would decide the same on merits and dispose of.
6.Considering the said submissions made by both sides, this petition is disposed of with a direction to the petitioner to send a copy of his representation, dated 15.06.2016 to the second and fourth respondents immediately and on receipt of the same, the second and fourth respondents shall consider it and pass orders by making a review of the suspension made against the petitioner, in accordance with law, within a period of four weeks from the date of receipt of such copy of representation of the petitioner.
7.With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petitions is closed. No Costs.
Sd/-
Assistant Registrar (C)
/True copy/
Sub Assistant Registrar
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| To |
|---|
| 1.The District Collector, Virudhunagar District, Virudhunagar. |
| 2.The Personal Assistant to District Collector, O/o.District Collectorate, Virudhunagar District, Virudhunagar. |
| 3.The Assistant Director of Panchayat, Virudhunagar District, Virudhunagar. |
| 4.The Block Development Officer, Rosalipatti Panchayat, Virudhunagar Panchayat Union, Virudhunagar District. |
| +1 CC to M/s.M.S.JEYAKARTHICK, Advocate, SR No. 8753 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 8964 |
| PJL PSM/CM-MSA/28.02.2017/3P/7C |
| W.P(MD) No.2646 of 2017 16.02.2017 |
2 issues framed by the court
Whether the writ petition praying for quashing of the suspension order can be disposed of in the admission stage.
Whether a direction can be issued for reconsideration of the petitioner's pending representation regarding suspension.
S. Muthuvel
The District Collector, Virudhunagar District
The Personal Assistant to District Collector
The Assistant Director of Panchayat
The Block Development Officer, Rosalipatti Panchayat
The President, Rosalipatti Panchayat
R. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
