1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 12066 of 2011 and M.P.(MD) Nos. 1 ,2 and 3 of 2011 A.Viruthagriswaran ... Petitioner Vs. State rep. by through 1.The Secretary to Government, Health Department, Secretariat,Chennai. 2.The Principal Secretary and Director of Indian Medicine and Homeopathy, Arumpakkam, Chennai 600 106. 3.The Principal - In Charge Government Homeopathy, Medical College and Hospital, Thirumangalam, Madurai District. 4.The Director, Directorate of Medical and Rural Health Services, Chennai - 600 006. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order issued by the second respondent in his proceedings No. 16157/E2/1/2010 dated 2.5.2011 and quash the same as illegal and consequently direct the second respondent to allow the petitioner to continue in the petitioner's service in same place, based on the petitioner's representation dated 13.5.2011. For Petitioner : Mr.S.Muthalraj For Respondents : Mr.T.R.Janarthanan O R D E R The petitioner has come to this Court challenging the impugned order of suspension dated 2.5.2011 on the ground that the petitioner should be allowed to function since he has been paid with Subsistence Allowance more than 50% of the monthly salary. Secondly,he pleaded in the order of suspension dated 2.5.2011 in what basis the petitioner has been placed under suspension is not mentioned. Therefore, the petitioner has filed a Review Application dated 13.5.2011. The respondents have not even considered the Review Application nor come forward to revoke the suspension order even after completion of 60 days, on that basis, he pleaded that impugned order of suspension is reflecting non application of mind and also reflecting an element of victimization by the respondents. Thirdly, it was submitted that the https://hcservices.ecourts.gov.in/hcservices/ 2 reason mentioned for the suspension order does not disclose any grave charge or corruption charges etc. as mandated by Section 17(e) of Tamil Nadu Civil Services (Discipline and Appeal) Rules. Hence, he sought for quashing the impugned suspension order. 2. In reply, the learned Additional Government Pleader appearing for the respondents submits that the respondents may be given some time to consider the petitioner's Review Application dated 13.5.2011 and pass appropriate order in accordance with law. Recording the said submission and having regard to the fact that even though the petitioner has in an earlier occasion challenged the very same suspension order dated 2.5.2011 by filing W.P. No 5681 of 2011 and since on the date of filing the Writ Petition against the suspension order, 60 days time limit was not completed, he withdrew the Writ Petition with liberty to challenge the same if need arises in future, hence, the respondents are directed to consider the petitioner's Review Application dated 13.5.2011 in accordance with law within a period of three weeks from the date of receipt of copy of this order. 3. With the above observations, this Writ Petition is dismissed. No costs. Consequently, connected M.P.s are also closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To, 1.The Secretary to Government,Health Department, Secretariat,Chennai. 2.The Principal Secretary and Director of Indian Medicine and Homeopathy, Arumpakkam, Chennai 600 106. 3.The Principal - In Charge Government Homeopathy,Medical College and Hospital, Thirumangalam,Madurai District. 4.The Director, Directorate of Medical and Rural Health Services,Chennai - 600 006. +1cc to Mr.S.Muthalraj, Advocate, Sr.No.36402 W.P.(MD)No. 12066 of 2011 20.10.2011 ses SMA/10.11.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/