Madras High CourtWP/14101/2015disposed of

E.Shanmugaraj, v. The Director,

2019-12-11Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.12.2019

CORAM

THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR W.P.No. 14101 of 2015 and M.P. No. 2 of 2015 E.Shanmugaraj ..Petitioner Vs

1. The Director, Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai.

2.The District Collector, Villupuram District, Villupuram.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of certiorari to call for the entire records in connection with the impugned orders of the 2nd Respondent dated 23.2.2015 in Na.Ka.No. Pa.A5/434/2014 and the consequent order of the 1st respondent in his proceedings dated 24.2.2015 in Proceedings No. 9715/2015/EE4 and Proceedings dated 25.2.2015 in Proc.No. 9715/2015/EE4 and quash the said impugned proceedings dated 23.2.2015 24.2.2015 and 25.2.2015.

For Petitioner : M/s. M.Sriram For Respondent : Mr.K.Karthikeyan, Government Advocate.

O R D E R

The prayer sought for in the Writ Petition is to call for the entire records in connection with the impugned orders of the 2nd Respondent dated 23.2.2015 in Na.Ka.No. Pa.A5/434/2014 and the consequent order of the 1st respondent in his proceedings dated 24.2.2015 in Proceedings No. 9715/2015/EE4 and Proceedings dated 25.2.2015 in Proc.No. 9715/2015/EE4 and quash the said impugned proceedings dated 23.2.2015 24.2.2015 and 25.2.2015.

2. The case of the petitioner is that the petitioner joined the service as Overseer in the 1980 at Sankarankoil Panchayat Union and subsequently promoted a Senior Draugting Officer on 29.09.2014 and was serving in the said post. On 27.02.2015, the 1st respondent served proceedings on the petitioner not permitting him to retire on 28.02.2015 based on the charge memo issued by the 2nd respondent and subsequently, he was placed under suspension. Challenging the impugned orders of the 2nd respondent dated 23.02.2015 and the proceedings of the 1st respondent dated 24.02.2015, the present writ petition is filed.

3. Heard the learned counsel appearing for the petitioner and the learn Government Advocate appearing for the respondents and perused the documents available on records.

4. Today, when the matter is taken up for hearing, the learned counsel for the petitioner brought to the notice of this Court that all the charges framed against the petitioner were dropped by the respondent and he was exonerated from all the charges. The learned counsel for the petitioner further submitted that in view of the pendency of this writ petition, the respondent has not revoked the order of suspension. The learned Counsel for the petitioner has also filed the Final Order passed by the 1st respondent dated 05.06.2018 before this Court.

5. The learned Government Advocate appearing for the respondents has submitted that in view of the aforesaid order passed by the 1st respondent, if the respondents are directed to pass appropriate orders, the same shall be considered within the time limit as stipulated by this Court.

6. In view of the submissions made by both the counsel for the parties concerned, this Court directs the 2nd respondent to pass appropriate orders in the light of the Final order passed by the 1st respondent, as expeditiously as possible within a period of six weeks from the date of receipt of a copy of this order.

With the above directions, the Writ Petition is disposed of . No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar ak

1. The Director, Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai.

2.The District Collector, Villupuram District, Villupuram.

+1cc to Mr.M.Sriram, Advocate, S.R.No. 103191 +1cc to the Government Pleader, S.R.No. 104013 W.P.No. 14101 of 2015 and M.P. No. 2 of 2015 CA(CO) GN(11/02/2020)