1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14592 of 2011 K.Sethuraman ... Petitioner Vs. 1. The Chief Engineer, O/o. The Chief Engineer, Gas Turbine Schemes, Chennai- 600 002. 2. The Superintending Engineer, Valuthur Gas Turbine Power Station, Ramanathapuram. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to revoke the petitioner's suspension issued by the second respondent vide his memo No.3705- I/SE/VGTPS/RMD/A.Admo/Adm/A1/Ph.II/F.Doc./2011 dated 28.01.2011 and to direct the respondents to permit the petitioner to retire from service with all monetary and other benefits. For Petitioner : Mr.C.Arul Vadivel Sekar For Respondents : Mr.C.Selvaraj O R D E R The petitioner K.Sethuraman, who was working as Assistant Executive Engineer in the office of the second respondent, the Superintending Engineer, Valuthur Gas Turbine Power Station, Ramanathapuram, was placed under suspension, in view of registration of a criminal case lodged by the petitioner's wife Sarojini Devi for the alleged offences under Sections 498(A) and 506(i) I.P.C. Pursuant to the criminal case registered against the petitioner, on the basis of the complaint given by his wife, the second respondent in his memo dated 28.01.2011, placed the petitioner under suspension stating that the case registered against him on the basis of the complaint given by his wife is pending in C.C.No.253 of 2008 before the Court of Judicial Magistrate No.VI at Madurai. The said order of suspension was issued just two days before the date of his retirement. The learned counsel for the petitioner submitted that though the Criminal Court has convicted the petitioner, on appeal, the judgment of the trial Court was set aside by the Principal Sessions Court at Madurai in C.A.No.21 of 2011. When he was acquitted from all the charges, the petitioner immediately presented his written representation, dated https://hcservices.ecourts.gov.in/hcservices/ 2 23.06.2011 to the second respondent through proper channel, requesting to revoke the order of suspension dated 28.01.2011, by clearly mentioning that the learned Principal Sessions Judge, Madurai has set aside the judgment passed by the trial Court in C.A.No.21 of 2011 dated 14.06.2011 and however, as there is no response from the respondent, he has come to this Court by filing the present writ petition seeking issuance of a Writ of Mandamus to the respondent to revoke the suspension order. 2. The learned counsel for the respondents would fairly submit that since the petitioner was placed under suspension on 28.01.2011, in view of the registration of the criminal complaint against the petitioner by his wife and subsequently as the judgment passed by the learned Principal Sessions Judge, Madurai in C.A.No.21 of 2011 dated 14.06.2011 have cleared the claim of the petitioner, the case of the petitioner has to be reviewed. 3. Recording the said submission, this Court finds no impediment to direct the second respondent to revoke the suspension order, as the criminal case filed against him by his wife ended in acquittal by order dated 14.06.2011 in C.A.No.21 of 2011, within a period of two weeks from the date of receipt of a copy of this order. Needless to mention that he is entitled to get all the service benefits also. With the above direction, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To 1. The Chief Engineer, O/o. The Chief Engineer, Gas Turbine Schemes, Chennai- 600 002. 2. The Superintending Engineer, Valuthur Gas Turbine Power Station, Ramanathapuram. +1 CC to Mr.C.Selvaraj, Advocate (SR.No.45731) +1 CC to Mr.C.Arul Vadivel @ Sekar, Advocate (SR.No.45618) W.P.(MD)No.14592 of 2011 22.12.2011 akv NSV/2.1.12/2P/5C https://hcservices.ecourts.gov.in/hcservices/