MR.JUSTICE R.SURESH KUMAR W.P.(MD)Nos.8060 & 8064 of 2020 transfer order for petner advt d selvam bar council member

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THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.07.2020
CORAM
THE HON’BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)Nos.8060 & 8064 of 2020
and
W.M.P(MD)Nos.7477 & 7482 of 2020
W.P(MD)No.8060 of 2020
M.Murugan …Petitioner
-Vs-
1.The Superintendent of Police,
Ramanathapuram District,
Ramanathapuram.
2.The District Collector,
Ramanathapuram District,
Ramanathapuram. …Respondents
(R2 is suo motu Impleaded Vide Court Order,
dated 03.08.2020)
Prayer: Writ Petitions – filed under Article 226 of Constitution of
India, to issue a Writ of Certiorari, to call for the records on the file
of the respondent in connection with the impugned order of
suspension passed in his proceedings in C.No.F1/16359/2020,
D.O.No.1041/2020 dated 13.07.2020 and quash the same as
ultravires and unconstitutional.
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W.P(MD)No.8064 of 2020
M.Murugan …Petitioner
-Vs-
1.The Inspector General of Police,
South Zone,
Madurai.
2.The Superintendent of Police,
Madurai District,
Madurai. …Respondents
Prayer: Writ Petitions – filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, directing the second
respondent to permit the petitioner to join duty in Madurai District
in view of the order passed by the first respondent in his
proceedings in C.No.A1/4800/2020, ZO No.173/2020 dated
02.06.2020 and based on petitioner’s representation dated
16.07.2020 within the time limit that may be stipulated by this
Court.
For Petitioner : Mr.D.Selvam
For Respondents : Mr.M.Jeyakumar,
Additional Government Pleader
COMMON ORDER
The prayer sought for in W.P(MD)No.8060 of 2020 is for a
Writ of Certiorari, to call for the records on the file of the
respondent in connection with the impugned order of suspension
passed in his proceedings in C.No.F1/16359/2020, D.O.No.
1041/2020 dated 13.07.2020 and quash the same.
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[9/3, 15:01] Sekarreporter 1: W.P(MD)No.8060 of 2020
ii)after completing the enquiry, final order to that effect can
be passed by the competent authority of the revenue department
such exercise shall be completed within three months from the date
of receipt of a copy of this order.
iii) after a decision is made as indicated above by the revenue
authorities with regard to the genuineity of the community
certificate, depending upon the out come of the said decision, the
first respondent shall review the impugned suspension order dated
13.07.2020 and accordingly, a final decision can be made as to
whether the impugned suspension order can further be continued
for the reasons to be recorded in this regard or can be rescinded or
withdrawn by the first respondent. Till such time i.e., the decision
is taken by the first respondent about the need of continuity of
suspension order or decided to revocation of the suspension order
which is impugned herein, it is needless to mention that, the
petitioner shall be entitled to get the subsistance allowance as
admissible under the service rules payable to the petitioner and the
same shall be paid every month to the petitioner regularly, without
fail.
iv) insofar as the transfer in question is concerned since the
petitioner has already been in suspension, the question of whether
he has to join in Madurai or Ramanthapuram, at this juncture, does
not arise, therefore, that issue can also be agitated by the
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[9/3, 15:01] Sekarreporter 1: W.P(MD)No.8060 of 2020
petitioner depending upon the out come of the aforesaid
proceedings in the manner known to law.
24. With these directions and observations, these writ
petitions are disposed of. No costs. Consequently, connected
miscellaneous petitions are closed.
Am 03.08.2020
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.
Index : Yes/No
Internet : Yes/No
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