Madras High Court
P.Elumalai vs The Deputy Inspector General Of ... on 29 November, 2022
W.P. No.31963 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. No.31963 of 2022
and
W.M.P. No.31404 of 2022
P.Elumalai ...Petitioner
vs.
The Deputy Inspector General of Registration,
Cuddalore,
Cuddalore District. ...Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorari calling for the records relating to the order of
the respondent dated 27.08.2022 in Proc. No.4055/A/2022, and quash the
same.
For petitioner : Mr.S. Indrajith
for
Mr.K. Selvaraj
For respondent : Mr.K. Tippu Sulthan,
Government Advocate
ORDER
This writ petition has been filed challenging the impugned
suspension order dated 27.08.2022 issued to the petitioner.
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W.P. No.31963 of 2022
2. Heard Mr.S. Indrajith, learned counsel for the petitioner and
Mr.K.Tippu Sulthan, learned Government Advocate for the respondent.
3. According to the petitioner, even though the suspension order is
dated 27.08.2022, till date no charges have been framed against him, even
after a lapse of more than three months. The petitioner relies upon a
judgment of the Hon'ble Supreme Court in the case of Ajay Kumar
Choudhary v Union of India through its Secretary and another
reported in 2015 7 SCC 291 to substantiate his claim that in case, no
charges have been framed within a period of three months from the date of
the suspension order, the petitioner is entitled for revocation of the
suspension order. At this stage, this Court cannot revoke the suspension
order.
4. The only limited relief that can be granted to the petitioner at this
stage is to permit him to give a representation to the respondent requesting
for revocation of the impugned suspension order, dated 27.08.2022 and on
receipt of the said representation, a direction can be issued to the
respondent to consider the same on merits and in accordance with law in
the light of the judgment relied upon by the petitioner in the case of Ajay
Kumar Choudhary v Union of India through its Secretary and another
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W.P. No.31963 of 2022
reported in 2015 7 SCC 291, within a time frame to be fixed by this
Court.
5. For the foregoing reasons, this Court directs the petitioner to
submit a representation to the respondent requesting for revocation of his
suspension order dated 27.08.2022, within a period of one week from the
date of receipt of a copy of this order. On receipt of the said
representation, the respondent shall pass final orders on merits and in
accordance with law, after giving due consideration to the judgment of the
Hon'ble Supreme Court in the case of Ajay Kumar Choudhary, as stated
supra, within a period of eight weeks thereafter.
6. With the aforesaid directions, this writ petition stands disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
29.11.2022
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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To
The Deputy Inspector General of Registration,
Cuddalore,
Cuddalore District.
https://www.mhc.tn.gov.in/judis
W.P. No.31963 of 2022
ABDUL QUDDHOSE, J.
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W.P. No.31963 of 2022
29.11.2022
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