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1990 Supreme(Mad) 545

A.S.ANAND, D.RAJU
P. S. Ambigapathy – Appellant
Versus
The Director of Public Health & Preventive Medicine, Salem – Respondent


Advocates Appeared:
For the Applicant:Mr. Subbiah, M/s. Row & Reddy. Advocates.
For the Respondent:Mr. V. Sridevan, Government Pleader and Mr. M. Vellaiswamy, Advocates.

Judgment :-

DR A.S. ANAND, C.J.

1. The appellant was placed under suspension on 10 8-1987 by the order passed by the second respondent. He questioned the order of suspension principally on the ground that since no order of extension of suspension had been passed before the expiry of the period of three months the order of continued suspension was bad in law.

2. The learned single Judge, however, dismissed the writ petition No. 11294 of 1988 by the judgment dated 24-11-1988 since in the meanwhile the order of suspension of the appellant pending enquiry had been extended by the Government. The order of the learned single Judge had been questioned through this writ appeal.

3. The learned Government Pleader has filed a counter affidavit in this appeal explaining the circumstances which has resulted in the continued suspension of the appellant till date. With the consent of the learned counsel for the parties, the main writ appeal itself is taken up for hearing today.

4. It is not disputed that the appellant had been suspended by the order dated 10-8 1937. It is also not in dispute that the appellant is governed bv the Tamil Nadu Municipal Public Health Services (Discipline and Appeal Reg


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