M.Manoharan v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2019
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.2482 of 2019 and WMP.No.2761 of 2019 M.Manoharan ... Petitioner
Versus
1. The Director, Directorate of Vigilance and Anti Corruption, No.293, MKN Salai, Collectors Nagar, Alandur, Chennai-600 016.
2. The Deputy Superintendent of Police, Vigilance & Anti Corruption Nagapattinam, Kadampadi, Near Sea Shore, Surya Nagar, Nagapattinam - 611 001.
3. The District Collector, Nagapattinam District, Collectorate, Annai Nagar, Nagapattinam - 611 003.
4. The Principal Secretary / Commissioner of Revenue Department, Ezhilagam, Chepauk, Chennai - 600 005.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of disciplinary proceedings in Na.Ka.No.26965/2012/A.4 dated 16.03.2013 of the 3rd respondent, which is initiated in total contravention of the direction of this Hon'ble Court made in WP.No.224002 of 2011 by an order dated 21.02.2012 and against the fundamental rules of Indian Constitution Article 14,19,20 and 21 and the petitioner's name was deleted from the accused in the Contempt Petition No.1098 of 2011, order dated 28.07.2011 in Crl.Op.No.27695 of 2010 and quash the same and further direct respondents to implement the
order dated 21.02.2011 made in WP.No.22402 of 2011 concerning promotions of the petitioner.
For Petitioner : Mrs.D.Malarvizhi For Respondents 1-4 : Mr.A.N.Thambidurai Spl. Govt. Pleader
O R D E R
The present writ petition is filed challenging the impugned charge memo dated 16.03.2013. However, the fact remains that, the enquiry proceedings had already been concluded and a final order in departmental disciplinary proceedings are passed by the District Collector, Nagapattinam, in proceedings dated 29.10.2014.
2. The learned counsel for the writ petitioner states that another writ petition challenging the final order of punishment is filed. This apart, an appeal is also filed, based on the liberty given in the order of punishment. This being the factum, no further adjudication is necessary in respect of the impugned charge memo, as the final order has been passed in the departmental disciplinary proceedings.
3. Accordingly, the writ petition stands closed. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar Pkn To
1. The Director, Directorate of Vigilance and Anti Corruption, No.293, MKN Salai, Collectors Nagar, Alandur, Chennai-600 016.
2. The Deputy Superintendent of Police, Vigilance & Anti Corruption Nagapattinam, Kadampadi, Near Sea Shore, Surya Nagar, Nagapattinam - 611 001.
3. The District Collector, Nagapattinam District, Collectorate, Annai Nagar, Nagapattinam - 611 003.
4. The Principal Secretary / Commissioner of Revenue Department, Ezhilagam, Chepauk, Chennai - 600 005.
+1cc to Mr.D.Malarvizhi, Advocate, S.R.No.19255 +1cc to the Government Pleader, S.R.No.18928 W.P.No.2482 of 2019 AR(J) RRS(02/04/2019)