R. Thirumalainathan v. Revenue Divisional Officer, Erode District
2011-03-23
T.RAJA
body2011
DigiLaw.ai
Judgment :- 1. The petitioner herein seeks to call for the records relating to Na.Ka.No.3467/2008/E, dated 13.07.2010, and Ref.3467/2008/D, dated 05.06.2008, of the 1st respondent, quash the same and direct the respondents to review the suspension order, dated 05.06.2008, as per G.O. Ms.No.40 P & AR Department, dated 30.01.1996 and reinstate the petitioner in service. 2. Earlier, the petitioner filed W.P. No.15904 of 2009 challenging the order of suspension, dated 05.06.2008, passed against him and, by order dated, 15.03.2010, this Court directed the respondents to consider the representation of the petitioner, dated 28.07.2008, for revoking the order of suspension and dispose of the same on merits and in accordance with law. In compliance with the said order of this Court, after duly considering the representation of the petitioner, the Revenue Divisional Officer, in his proceedings ROC No.3467/2008/D, dated 24.08.2010, recommended to the Collector for consideration of the petitioner's request to post him in other Divisions within Dharapuram. In such circumstances, after waiting for a while, finding no response from the authorities on his request, the petitioner has come up with the present writ petition. 3. Learned counsel for the petitioner submits that taking note of the recommendation made by the RDO subsequent to the orders passed by this Court in the earlier writ petition, a positive direction may be issued to the District Collector/R2 to consider the case of the petitioner with reference to the proceedings of the RDO, dated 24.08.2010, in ROC No.3467/2003, and pass suitable orders; for which, the learned Government Advocate submits that the case of the petitioner will be considered by the District Collector on merits and in accordance with law, and to complete the process, reasonable time may be granted. 4. Recording the above submission of the learned Government Advocate, the writ petition is disposed of with a direction to the 2nd Respondent/District Collector to consider the case of the petitioner keeping in mind the recommendation of the RDO and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Connected Miscellaneous Petitions are closed.