G. Chinnasamy vs The Designated Officer
2021 Latest Caselaw 708 Mad

                                                                              W.P.No.17296 of 2020

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED 08.01.2021

                                                           CORAM

                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                     W.P.No.17296 of 2020
                                                              and
                                                    W.M.P.No.21395 of 2020
                                                      (Heard through VC)

                  G. Chinnasamy                                                .. Petitioner

                                                             -vs-

                  1.The Designated Officer,
                    Food Safety Department,
                    Dharmapuri.

                  2.The Inspector of Police,
                    Adhiyamankottai P.S.,
                    Dharmapuri District.                                      .. Respondents


                  Prayer: Petition filed under Article 226 of Constitution of India to issue
                  a Writ of Mandamus directing the first respondent to review the order
                  of suspension passed in R.No.247/A1/2020 dated 16.10.2020 on the
                  file of the 1st respondent based upon the representation of the
                  petitioner dated 09.11.2020.


                                   For Petitioner        : Mr.S.Doraisamy

                                   For Respondents       : Mr.J.Pothiraj
                                                           Special Government Pleader




                 1/4
https://www.mhc.tn.gov.in/judis/
                                                                                W.P.No.17296 of 2020

                                                         ORDER

The prayer sought for in this writ petition is for a direction to

the first respondent to review the order of suspension passed in

R.No.247/A1/2020 dated 16.10.2020 on the file of the first respondent

based upon the representation of the petitioner dated 09.11.2020.

2. Heard the learned counsel appearing for the petitioner and

the learned Special Government Pleader appearing for the respondents.

3. The petitioner has been placed under suspension by order

dated 16.10.2020 passed by the first respondent and the same is

questioned by the petitioner. There is subsistence of employer

employee relationship and that the petitioner would be entitled for

subsistence allowance as could be seen from the order dated

16.10.2020, which is impugned in the writ petition. It is needless to

mention and open to the respondents to issue charge memo and

proceed with the enquiry on day-to-day basis without adjourning the

matter beyond seven working days at any point of time. In case, the

petitioner is under suspension beyond the required period of

suspension, it is open to the respondents to consider the request and

review the same in the light of the judgments of the Honourable

https://www.mhc.tn.gov.in/judis/ W.P.No.17296 of 2020

Supreme Court in State of TN vs. Promod Kumar IPS and another,

reported in AIR 2018 SC 4060 and Ajay Kumar Choudhary vs.

Union of India through its Secretary and another, reported in

2015 (3) CTC 119.

4. With the above observations, the writ petition is disposed

of. Consequently, the connected miscellaneous petition is closed. No

costs.

08.01.2021 rsi

To

1.The Designated Officer, Food Safety Department, Dharmapuri.

2.The Inspector of Police, Adhiyamankottai P.S., Dharmapuri District.

https://www.mhc.tn.gov.in/judis/ W.P.No.17296 of 2020

S.VAIDYANATHAN, J.

rsi

W.P.No.17296 of 2020 and W.M.P.No.21395 of 2020

08.01.2021

https://www.mhc.tn.gov.in/judis/