R. RAMASUNDARAM Vs. THE DISTRICT COLLECTOR, TRICHY DISTRICT

JUDGEMENT

(1.) THIS Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondent, the District Collector, Trichy District, Trichy, to consider petitioner's representation dated 16.04.2015 with regard to reinstatement into service on merits and in accordance with law within a specified time frame that may be fixed by this Honourable Court.

(2.) THE learned counsel for the petitioner would submit that the petitioner has been placed under prolonged suspension vide proceedings dated 05.06.2014; that a charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rule, has been issued and that it has not been reviewed periodically and no decision has been taken on the prolonged suspension. Hence, the petitioner has made a representation seeking revocation of suspension before the respondent but the said representation has not been considered so far. Therefore, he has come forward with this Writ Petition.

(3.) SINCE the petitioner is under suspension, he is entitled to subsistence allowance in terms of Fundamental Rule 53(1). Further, instead of standing on technicalities, the petitioner should appear before the authority concerned to collect the subsistence allowance. Therefore, I direct the respondent to forward the subsistence allowance due to the petitioner by Demand Draft and make the records to that effect which is sufficient for the purpose of audit.