1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.3735 of 2011 and M.P.(MD)No.1 of 2011 S.Thangamani : Petitioner Vs. 1.The Joint Director, Department of Medical, Rural Health Services and Family Welfare, Nagercoil, Kanyakumari District. 2.Dr.N.Raveendran, Medical Officer, Government Hospital, Kulasekaram, Kanyakumari District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the records relating to the impugned proceedings of the first respondent in Ref.No.0893/E1/2011, dated 10.03.2011 passed by the first respondent and quash the same. For Petitioner : Mr.P.Natarajan ORDER The petitioner has approached this Court by filing the present Writ Petition challenging the order of suspension passed by the first respondent dated 10.03.2011. 2. The learned counsel appearing for the petitioner submitted that the order of suspension was passed on surmises and there is nothing against the petitioner. However, I am unable to accede to the said contention of the learned counsel appearing for the petitioner, since the order of suspension says that an enquiry into grave charges against the petitioner is contemplated. 3. The next submission of the learned counsel appearing for the petitioner is that within fifteen days from the date of order of suspension, the charge memo should have been framed. Even then, this Court cannot revoke the order of suspension exercising the power under Article 226 of the Constitution of India. The Hon'ble Apex Court as well as this Court have held that the petitioner has to move only the authority concerned for revoking the order of suspension and the Writ Petition is not maintainable. 4. In view of the same, the Writ Petition stands dismissed. However, the concerned authority to whom a representation has been sent to https://hcservices.ecourts.gov.in/hcservices/ 2 revoke the order of suspension is directed to consider the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To The Joint Director, Department of Medical, Rural Health Services and Family Welfare, Nagercoil, Kanyakumari District. +1. CC to M/s P.Natarajan, Advocate, sr.No.11893 +1. CC to the Special Government Pleader, SR.No.12309 SML Order made in W.P.(MD)No.3735 of 2011 Dated:- 30.03.2011 TR : 19.04.2011 : 2p/4c https://hcservices.ecourts.gov.in/hcservices/