Madras High Court
R.Hema … vs The Inspector General Of Police on 5 May, 2023
W.P.No.14487 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.05.2023
CORAM :
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Writ Petition No.14487 of 2023
and W.M.P.No.13980 of 2023
R.Hema …. Petitioner
-Vs-
The Inspector General of Police
Economic Offences Wing
Chennai 83. …. Respondent
Prayer :Writ Petition under Article 226 of the Constitution of India praying
for the issuance of a Writ of Mandamus directing the respondent to review
and revoke the order of suspension in C.No.A2/EOW/7286/2022
O.O.No.171/2022 dated 22.07.2022 issued by the respondent and
consequently direct the respondent to reinstate the petitioner to any non-
sensitive post as per the judgment of the Hon'ble Supreme Court in Ajay
Kumar Choudhary Vs. Union of India reported in 2015 7 SCC 291 and the
Government Order in G.O.Ms.No.81 Human Resources Management
Department dated 04.08.2022.
For Petitioner : Mrs.C.Dakshayini Reddy
Senior Counsel for Ms.S.Suneetha
For Respondent : Mr.C.Kathiravan
Special Government Pleader
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.14487 of 2023
ORDER
This writ petition has been filed for the issuance of a Writ of
Mandamus directing the respondent to review and revoke the order of
suspension in C.No.A2/EOW/7286/2022 O.O.No.171/2022 dated
22.07.2022 issued by the respondent and consequently direct the
respondent to reinstate the petitioner to any non-sensitive post as per the
judgment of the Hon'ble Supreme Court in Ajay Kumar Choudhary Vs.
Union of India reported in 2015 7 SCC 291 and the Government Order in
G.O.Ms.No.81 Human Resources Management Department dated
04.08.2022.
2. It is the case of the petitioner that she has been placed under
suspension with effect from 23.07.2022 and she has sent three
representations dated 14.09.2022, 17.10.2022 and 19.10.2022 to the
respondent seeking revocation of suspension, and since the same have not
been considered so far, she has approached this Court by filing the present
writ petition.
3. Mrs.C.Dakshayini Reddy, learned Senior Counsel appearing for the
petitioner would submit that the petitioner has been under placed under
suspension since July 2022 and her representations for revocation of
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W.P.No.14487 of 2023
suspension have not been considered so far. She would further submit that
the Government has issued G.O.Ms.No. 81 Human Resources Management
Department dated 04.08.2022, wherein certain mandatory guidelines have
been issued by the Government as to how the suspension of the
Government employees has to be dealt with, including review of the same
periodically and based on which the suspension made against the petitioner
should be reviewed. Since the same has not been undertaken by the
respondent, the petitioner has approached this Court. Learned Senior
Counsel for the petitioner therefore seeks the indulgence of this Court to
issue suitable direction to the respondent in this regard.
4. Mr.C.Kathiravan, learned Special Government Pleader appearing for
the respondent submits that the representations of the petitioner dated
14.09.2022, 17.10.2022 and 19.10.2022 will be considered within a time
frame that may be stipulated by this Court.
5. Accordingly, without expressing any opinion on the merits of the
matter, this Writ Petition is disposed of with a direction to the respondent to
consider the representations submitted by the petitioner dated
14.09.2022, 17.10.2022 and 19.10.2022 in the light of the Government
https://www.mhc.tn.gov.in/judis
W.P.No.14487 of 2023
A.D.JAGADISH CHANDIRA, J.
KST
Order in G.O.Ms.No. 81 Human Resources Management Department dated
04.08.2022 and appropriate orders thereon shall be passed within a period
of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
05.05.2023
Index : Yes/No
Internet : Yes/No
KST
To
The Inspector General of Police
Economic Offences Wing
Chennai 83.
W.P.No.14487 of 2023
https://www.mhc.tn.gov.in/judis
