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Madras High CourtWA/951/2013dismissed

C.Albert Xavier, v. The Government Of Tamil Nadu,

2023-07-07Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.07.2023

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and M.P.No.1 of 2013 C.Albert Xavie ... Appellant/ Petitioner Vs

1. The Government of Tamil Nadu, Rep. By its Agricultural Production Commissioner and Secretary, Fort. St. George, Chennai - 9.

2. The Commissioner for Disciplinary Proceedings, No.312, 13th Cross Street, II - Floor, Phase - II, Sathuvachari, Vellore - 632 009.

... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Pattern to set aside the order passed in W.P.No.19868 of 2012 dated 07.11.2012 and the impugned disciplinary action initiated by the second respondent herein in R.C.No.B1/2006 (TDP No.1/2006) dated 12.09.2006 and confer the consequential benefits to the appellant with due regard to his seniority.

Page No.1/4

For Appellant : Mr.R.S.Anandan For Respondent : Mr.K.Suresh Government Advocate

JUDGMENT

(Judgement of the Court was made by Mr.K.KUMARESH BABU.,J.) This Writ Appeal has been filed challenging the order passed by the Writ Court in W.P.No.19868 of 2012 dated 07.11.2012.

2. It is submitted by the learned Government Advocate appearing for the respondents that the direction issued by this Court in W.P.No.19868 of 2012 has not been complied with, for the simple reason that the appellant herein had been terminated based upon the independent proceedings, which is subject matter in the writ petition filed by the appellant before this Court in W.P.No.2353 of 2015.

3. In view of the aforesaid submission of the learned Government Advocate appearing for the respondents, no further orders are required to be passed in this writ appeal as the appellant has already been terminated from service.

Page No.2/4

Accordingly, this writ appeal stands dismissed. No costs. Connected miscellaneous petition is closed.

(R.S.K.,J.) (K.B., J.) 07.07.2023 Index: Yes/No Speaking Order/Non Speaking Order mp

1. The Government of Tamil Nadu, Rep. By its Agricultural Production Commissioner and Secretary, Fort. St. George, Chennai - 9.

2. The Commissioner for Disciplinary Proceedings, No.312, 13th Cross Street, II - Floor, Phase - II, Sathuvachari, Vellore - 632 009.

Page No.3/4

R.SURESH KUMAR., J.

and K.KUMARESH BABU.,J.

mp 07.07.2023 Page No.4/4