S THIRUMOORTHY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The prayer in the Writ Petition is to quash the order of suspension dated 02.12.2008 placing the petitioner under suspension on the ground that he has involved in a criminal case in Erode District Vigilance & Anti-Corruption in Cr.No.18/2008, registered under Section 7 of Prevention of Corruption Act, 1988 and he was arrested on 01.12.2008 at about 22.25 hours and remanded before the Chief Judicial Magistrate and Special Judge, Erode, on 02.12.2008. Since the investigation is pending the petitioner was placed under suspension by virtue of the powers conferred under Rule 3(e)(1)(ii) of TNPSS (D&A) Rules, 1955,until further orders.

(2.) The learned counsel for the petitioner submits that the chargesheet has been filed in the Criminal Case on 08.03.2010 before the Chief Judicial Magistrate and Special-Judge, Erode and the case is pending trial. The learned counsel further submits that since the chargesheet is filed, the petitioner is not pressing the prayer as such and the petitioner will be satisfied if the respondent is directed to consider the representation submitted by the petitioner dated 06.09.2010 seeking review of the order of suspension. The said submission made by the learned counsel for the petitioner is recorded.

(3.) In the light of the said submission, the learned counsel for the respondent is directed to take notice, who inturn submits that six weeks time may be given to consider the representation dated 06.09.2010 seeking review of the order of suspension.