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Madras High CourtWP/4212/2025disposed of

R.Saravanakumar v. The D.I.G.Of Prisons Coimbatore Range

2025-02-10Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 4212 of 2025 R.Saravanakumar ... Petitioner ..Vs..

1.

The D.I.G., of Prisons, Coimbatore Range Coimbatore.

2.

The Superintendent of Prisons Central Prison, Coimbatore 18.

3.

The Inquiry Officer Central Prison, Coimbatore 18.

4.

Thiru.S.Sivarasan Jail Superintendent and Inquiry Officer Central Prison, Coimbatore 18.

...Respondents

PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus relating to the statutory appeal submitted by the petitioner dated 27.05.2024 and to issue suitable direction to the first respondent herein namely the D.I.G of Prisons, Coimbatore Range, Coimbatore 641 018, to consider and pass a speaking order on merits and in accordance with law within a time frame that may be stipulated by this Hon'ble Court on the appeal

petition submitted by the petitioner in his appeal dated 27.05.2024. For Petitioner :: Mr. K.S.Govina Prasad For Respondents :: Mr. S.Yashwanth Additional Government Pleader

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking a direction against the first respondent to consider and pass orders with respect to an appeal petition submitted by the petitioner in Appeal dated 27.05.2024.

2. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner had been appointed as Grade II Warder on 01.12.2018 in Tamil Nadu Uniform Services Recruitment Board, Chennai. The post was also regularised. Thereafter, by proceedings issued on 27.09.2023 by the Controlling Officer and Superintendent of Prisons, Central Prison, Coimbatore, the petitioner was placed under suspension. It had been stated that thereafter, enquiry was conducted and a charge memo was issued and an order of dismissal from service had been passed against the petitioner herein. Questioning that particular order, the petitioner had filed an

Appeal before the first respondent.

3. It is now informed on behalf of the respondents that orders have been passed on the Appeal by the first respondent by an order dated 11.11.2024 wherein a denova enquiry had been again directed to be conducted as against the petitioner herein.

4. Since orders have been passed in the enquiry in the Appeal and denova enquiry had been directed to be conducted, the relief sought in the Writ Petition no longer survives for adjudication. However, copies of relevant records may be served on the petitioner and the petitioner may take all defences and be permitted to participate in the enquiry which should be conducted in accordance with the guidelines stipulated. The denova enquiry must be completed within a period of four months from the date of receipt of a copy of this order. The petitioner may co-operate during the enquiry.

5. The Writ Petition stands disposed of. No order as to costs. 10.02.2025 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order

C.V.KARTHIKEYAN, J., vsg To 1.

The D.I.G., of Prisons, Coimbatore Range Coimbatore.

2.

The Superintendent of Prisons Central Prison, Coimbatore 18.

3.

The Inquiry Officer Central Prison, Coimbatore 18.

4.

Jail Superintendent and Inquiry Officer Central Prison, Coimbatore 18.

W.P.No. 4212 of 2025 10.02.2025