1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/03/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.1553 of 2011 S.Muthukumar S/o.Subbiah 43A SMP colony Anna Nagar, Madurai. ... Petitioner Vs 1.The Inspector General of Police Armed Police, Chennai. 2.The Commandant Office of the Commandant TSP XII Battalion Manimuthar Tirunelveli District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the order passed by the second respondent in C.No.A3/5606/2010, B.O.264/2010 dated 18/08/2010 and quash the same and consequently direct the respondent to reinstate the petitioner in service. For petitioner ...Mr.Annanithi for M.Subash Babu For Respondents ...Mr.V.Rajasekaran Special Government Pleader O R D E R The present Writ Petition has been filed challenging the order of suspension, dated 18.08.2010, of the second respondent. 2. The said order of suspension came to be passed since the criminal case was registered against the petitioner in Crime No.333 of 2010 under various provisions of Indian Penal Code and also on the ground that an enquiry into grave charges against the petitioner is contemplated. 3. Mr.Annanithi, learned counsel appearing for the petitioner, strenuously contended that the charge against the petitioner related to an accident, when the petitioner was driving a two wheeler and hence he has been charged under Sections 279, 337 and 506(i) IPC. The same cannot be considered to be the grave charges and hence the order of suspension passed on the petitioner is liable to be set aside. 4. However, I am of the considered view that the said plea can be taken before the concerned officer for revoking the order of suspension. In fact, the petitioner has sent a representation to the second respondent dated 01.09.2010 to revoke the order of suspension, since this Court exercising power under Article 226 of the Constitution of India cannot interfere with the order of suspension, except in certain cases, which does not arise in the case on hand, I direct the the second respondent to https://hcservices.ecourts.gov.in/hcservices/ 2 consider the representation of the petitioner on merits and in accordance with law in the light of the discussion made above. The said exercise has to be carried out by the second respondent within a period of three weeks from the date of receipt of a copy of this order. The Writ Petition is ordered accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS) To 1.The Inspector General of Police, Armed Police, Chennai. 2.The Commandant, Office of the Commandant TSP XII Battalion, Manimuthar Tirunelveli District. +1 CC to the Special Government Pleader, SR.No.7840 +1 CC to Mr.M.Subash Babu, Advocate, SR.No.7867 RR W.P.(MD) No.1553 of 2011 and M.P.No.1 of 2011 23.03.2011 TR : 31.03.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/