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2002 DIGILAW 858 (MAD)

The State of Tamil Nadu v. V. Chelliah & Others

2002-08-21

FAKKIR MOHAMED IBRAHIM KALIFULLA, V.S.SIRPURKAR

body2002
Judgment :- V.S. SIRPURKAR, J. This writ petition is against the order of the Tamil Nadu Administrative Tribunal (hereinafter referred to as 'the Tribunal'), whereby the Tribunal has quashed the suspension of the respondent V.Chelliah. He was suspended on 25.5.1998. He then straight away rushed to the Tribunal within one year of his suspension vide Original Application No.4766 of 1999. It seems that the Tribunal has passed the following order:- "Additional Standing Counsel has taken notice. Heard. 2)Only ground that the order of suspension dated 25.5.1998 is a prolonged one. It is set aside. However, if any criminal case is filed against the applicant, it is open to the respondent to consider and pass necessary orders when the charge sheet is filed in the criminal case." 2. We have deliberately quoted the order of the Tribunal and we need not say that this does not amount to an order in law. Such a laconic order can never be given the status of a legal order passed, much less passed by the State Administrative Tribunal. It is obvious from the order that the Government was not even given the opportunity to file its say and to justify the suspension. In fact, when the original applicant/respondent herein approached the Tribunal, the suspension was only one year old. However, we do not see any reason why such haste should have been shown by the Tribunal in disposing of the matter, allowing it and that too, with such a laconic, sketchy and skeleton like order. On that ground alone, we set aside the order. The matter shall go back before the Tribunal. The Tribunal shall hear the matter and decide it afresh as early as possible. The writ petition stands allowed. No costs. Consequently, connected W.M.Ps. Are closed.