1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.576 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Karuppaiah : Petitioner Vs. The Revenue Divisional Officer, Devakkottai, Sivaganga District. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the order of suspension made by the respondent in his proceedings ROC.B2/250/2010, dated 13.01.2010 and the subsequent order dated 14.09.2010 in N.K.No.A2/250/2010 against the petitioner and quash the same. For Petitioner : Mr.R.Sundar Srinivasan For Respondent : Mr.V.Rajasekaran Special Government Pleader O R D E R The present Writ Petition is laid challenging the impugned order dated 13.01.2010, an order of suspension and the subsequent order dated 14.09.2010, an order rejecting the request of the petitioner to revoke the order of suspension and rejecting the request of the petitioner for payment of subsistence allowance. 2. The petitioner was working as Night Watchman in Devakkottai Taluk Office. On certain charges, he was placed under suspension. Challenging the order of suspension, the petitioner has already approached this Court by filing a Writ Petition in W.P.(MD) No.9006 of 2010. This Court directed the respondent to pay subsistence allowance to the petitioner, if the petitioner is otherwise eligible for the same. Thereafter, the impugned order came to be passed stating that since the petitioner was only working as a temporary Night Watchman, he is not eligible for the subsistence allowance. That apart, it is stated that since the charges made against the petitioner are grave and also a complaint has been given to the concerned police station, the order of suspension cannot be revoked. As stated already, the said orders are under challenge in the present Writ Petition. 3. As rightly stated in the impugned order, the petitioner being a temporary Night Watchman may not be entitled to the https://hcservices.ecourts.gov.in/hcservices/ 2 subsistence allowance as per the relevant rules. That apart, the charges against the petitioner seems to be grave. Hence, I am not inclined to interfere with the impugned order, which is under challenge in the present Writ Petition. However, considering the request made by the learned counsel appearing for the petitioner that a show cause notice was issued to the petitioner long back and the petitioner has offered his explanation for the same, the respondent is directed to commence and complete the enquiry against the petitioner at the earliest, in any event, within a period of three months from the date of receipt of a copy of this order. 4. The Writ Petition stands disposed of in the above terms. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Deputy Registrar(LA ) /True Copy/ Assistant Registrar To The Revenue Divisional Officer, Devakkottai, Sivaganga District. +1cc to Mr.R.Sundar Srinivasan Advocate, Sr.No.8322 ORDER MADE IN W.P.(MD).No.576 of 2011 Dated:- 28.03.2011 sml SMA/07.04.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/