S.Rathinam v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2020
CORAM
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. 8485 of 2007 (O.A.6413 of 2002) S.Rathinam
...Petitioner
Versus
1. The state of Tamil Nadu represented by Secretary to Government, Cooperation Food and Consumer Protection Department, Fort St.George, Chennai-9.
2. The Registrar of Cooperative Societies, (Housing), Adyar, Chennai-20.
...Respondents
PRAYER:
Originally this petition has been filed as Original Application No.6413 of 2002 before the TamilNadu Administrative Tribunal at Chennai and after abolition of TNAT, petition has been transferred and numbered as W.P.8485 of 2007. Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records in G.O(2D).No.107 dated 28.08.2002 and G.O. (3D) No.82 dated 29.08.2002 on the file of the 1st respondent and quash the same.
For Petitioner : No appearance For Respondents : Mr.L.P.Shanmugha Sundaram Special Government Pleader
O R D E R
This Writ Petition has been filed challenging the order passed by the first respondent in G.O(2D).No.107 dated 28.08.2002 and G.O.(3D) No.82 dated 29.08.2002 and to quash the same.
2. It is averred in the writ petition that the petitioner has filed the Original Application before the Tamil Nadu Administrative Tribunal, Chennai, challenging the suspension order. Subsequently, due to abolition of the Tribunal, this
matter was transferred to this Court and renumbered as W.P.No.8485 of 2007 and this Court passed an interim order dated 13.10.2014 and directed the respondent to complete the disciplinary proceedings within a period of three months and pass final orders and report the same to this Court on or before 21.01.2015.
3. When the matter was taken up today, there is no representation on behalf of the petitioner.
4. The learned Special Government Pleader would submit that the direction of this Court dated 13.10.2014 has been complied with and they have also filed a copy of communication in D.O.Letter No.19997/CE2/2010-6, dated 20.01.2015 signed by the Principal Secretary to Government, Cooperation, Food and Consumer Protection Department, Secretariat, Chennai-9, wherein, it is stated that the writ petitioner has accepted the proposed punishments in the three disciplinary cases and the Government have issued the final orders in respect of the three disciplinary cases, which were passed in G.O.(D)Nos.18, 19 and 20 dated 19.01.2015.
5. Earlier, when the matter was posted on 09.10.2020, none appeared on behalf of the petitioner. In order to give one more opportunity to the petitioner, the matter is posted today.
6. The learned Special Government Pleader would further submit that after completion of enquiry and passing final order on 19.01.2015 in respect of disciplinary proceedings, recovery proceedings also concluded.
7.Considering the facts and circumstances of the case since the disciplinary enquiry completed and recovery was also effected, nothing survives in this Writ Petition. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Secretary to Government, Cooperation Food and Consumer Protection Department, Fort St.George, Chennai-9.
2. The Registrar of Cooperative Societies, (Housing), Adyar, Chennai-20.
+1cc to the Government Pleader, S.R.No.34352 W.P. 8485 of 2007 JP(CO) RV(11/11/2020)