IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05/07/2006
CORAM
THE HON'BLE MR. JUSTICE P.SATHASIVAM
WRIT PETITION NO.16858 of 2004
and
WPMP No.19966 of 2004
J.Vembarasi ... Petitioner
-Vs-
Turaiyur Municipality
rep. by the Commissioner,
Turaiyur Municipality,
Turaiyur 621 010. ..Respondent
Petition under Article 226 of The Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records on the file of
the respondent in connection with the order of suspension passed by him in ROC
No.2240/04/H1 dated 12.04.2004, quash the same and direct the respondent to
reinstate the petitioner in service with all monetary and service benefits.
!For petitioner : Mr.R.Singaravelan
^For Respondent : Mr.R.kannappan
:ORDER
By consent of both parties, the main writ petition itself is taken up
for disposal.
2. It is brought to the notice of this Court that based on the
criminal proceedings, the respondent-Municipality has suspended the petitioner
and thereafter, the criminal proceeding ended in a compromise and as on date,
no proceedings are pending before the Criminal Court.
3. Taking note of the said aspect, I am of the view that there is no
need to continue the suspension order dated 12.04.2004 passed by the
respondent. The said order is set aside. The respondent is free to continue
the enquiry, if they so desire, in accordance with law.
4. The writ petition is allowed. No costs. WPMP No.19966 of 2004 is
closed.
raa