R THAMARISELVAN Vs. DISTRICT COLLECTOR, CUDDALORE

JUDGEMENT

(1.) By consent of the parties the above writ petition is taken up for final disposal.

(2.) The petitioner while working as the Village Administrative Officer at Ariaghosti Village, Cuddalore District is said to have involved in the commission of the offences punishable under Sections 498 (A) and 304(B) of IPC and FIR No.161/2015 dated 09.09.2015 was registered by Killai Police Station, Cuddalore District. The grievance now expressed by the petitioner is that though he was involved in a criminal case, owing to the commission of suicide by his wife for which, he was arrested and remanded to Judicial custody on 02.10.2015, for the reason that he was arrested by the police and remanded to judicial custody, the 2nd respondent placed him under suspension from service on 08.10.2015, but he having been released on bail by an order dated 06.11.2015 in Crl.MP.No.4655 of 2015 on the file of the Principal Sessions Judge, Cuddlore, sent a representation dated on 05.10.2016 to the respondents with a request to review the order of suspension and to reinstate him in service and to pay the Subsistence allowance, but the same was considered partly by the respondents vide proceedings dated 28.08.2017 by sanction of 75% of the subsistence allowance w.e.f 02.04.2016. The investigation process has been completed and the petitioner is facing the trial and the case is pending with the Judicial Magistrate, Chidambaram. The petitioner thereafter has submitted a representation dated 05.10.2016, for reviewing the suspension order and reinstate him into service and since no order has been passed by the respondents, the petitioner has filed this writ petition, seeking the relief to direct the respondent to dispose of his representation made by reviewing his order of suspension and reinstate him into service.

(3.) When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that though the petitioner has prayed for a larger relief, it would be suffice to direct the 1st & 2nd respondents to consider and pass orders on the petitioner's representation dated 05.10.2016 for reviewing / revoking the order of suspension in the light of the judgment rendered by the Apex Court in Ajay Kumar Chowdary v. Union of India, 2015 7 SCC 291.