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2002 DIGILAW 828 (MAD)

K. Rethinasamy v. The Assistant Executive Engineer, Operation & Maintenance/South

2002-08-14

P.D.DINAKARAN

body2002
Judgment :- Aggrieved by the interim suspension pending enquiry made in proceedings dated 19.7.2002 of the respondent, the petitioner seeks for the issue a writ of Certiorari calling for the records relating to the order of suspension made in Memo No.AEE/O & M/SOUTH/T'Gode/F.2/D.06/2002 on the file of the respondent dated 19.7.2002. 2. It is not proper for this court to interfere with the order of suspension made pending disciplinary action against the petitioner. 3. But, taking into consideration the contentions of Mr.S.Doraisamy, learned counsel for the petitioner that there is no basis for initiating impugned disciplinary action ,much less to pass the impugned order of suspension, I am obliged to issue the following directions to the respondent: (i) to continue to pay the subsistence allowance during the period of interim suspension pending the disciplinary proceedings; (ii) to expedite the enquiry,to frame charges, to furnish materials that are relied on by the respondent for framing the charges, to appoint enquiry officer and to complete the enquiry and pass appropriate orders within 90 days from the date of receipt of copy of this order after giving fair and reasonable opportunity to the petitioner; 4. The writ petition is disposed of accordingly. No costs. Consequently, WP.Mp.No.48913 of 2002 is closed.