1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9773 of 2011 S.Rengaraj : Petitioner Vs. The Secretary, BHEL Complex Co-operative Labour Contract Society Ltd., Dr.Ambedkar Nagar, E&R Sector, Kailasapuram, Trichy. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondent to reinstate the petitioner herein as drainage cleaner with all back wages and attendant benefits pursuant to the judgment of acquittal passed by this Court in C.A.No.818 of 2003, dated 25.11.2010. For Petitioner : Mr.S.Subaharan ORDER Pleadings disclose that the petitioner was implicated in a criminal case in Crime No.1307 of 2001, on the file of Thiruverumbur Police Station, for an alleged offence under Section 302 of the Indian Penal Code. He was immediately suspended from service. In the trial, in S.C.No.289 of 2002, the learned Sessions Judge, Trichy, by its judgment dated 16.12.2002, convicted the petitioner. On appeal in C.A.No.818 of 2003, this Court acquitted the petitioner, as per judgment dated 25.11.2010. As the suspension from service was due to involvement of the petitioner in the above said criminal case and consequent to the acquittal of the petitioner, the petitioner, by his representation dated 14.03.2011, has sought for reinstatement. As no orders have been passed, he has sought for a Writ of Mandamus, directing the respondent to reinstate him in service with all back wages and attendant benefits. 2. In addition to the above, Mr.S.Subaharan, learned counsel for the petitioner submitted that during the pendency of the criminal case, no disciplinary proceedings were initiated against him. Therefore, he is entitled for reinstatement. At this juncture, the above fact regarding that no disciplinary action was taken, cannot be ascertained. However, it is for the respondent to take a decision as to whether the petitioner should be reinstated in service, on acquittal. 3. In such view of the matter, a direction is issued to the Secretary, BHEL Complex Co-operative Labour Contract Society Limited, https://hcservices.ecourts.gov.in/hcservices/ 2 Dr.Ambedkar Nagar, E&R Sector, Kailasapuram, Trichy, the respondent herein, to consider and pass orders on the representation of the petitioner dated 14.03.2011, if acknowledged and still pending on the file of the respondent herein, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. 4. With the above directions, the Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To The Secretary, BHEL Complex Co-operative Labour Contract Society Ltd., Dr.Ambedkar Nagar, E&R Sector, Kailasapuram, Trichy. SML akm/30.08.11 /2p-2c/ Order made in W.P.(MD).No.9773 of 2011 Dated:- 29.08.2011 https://hcservices.ecourts.gov.in/hcservices/