← Library
Madras High CourtWP/14100/2016dismissed as infructuous

V.Subramani, v. The State Of Tamil Nadu,

2024-09-12Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT AT JUDICATURE AT MADRAS

DATED: 12.09.2024

CORAM:

THE HON'BLE MRS.JUSTICE N.MALA W.P.Nos.14100 & 14101 of 2016 and WMP.Nos.12324 & 12325 of 2016 V.Subramani, Assistant Treasury Officer, (Under Suspension), S/o.K.Vairappan, 5/1265 B, Bharathiyar Street, V.P.Singh Road, Ilakiampatti, Dharmapuri-636 705.

...Petitioner in W.P.No.14100 of 2016

Indhumathi, Additional Sub Treasury Officer, (Under Suspension), No.5/1265 B, Bharathiyar Street, V.P.Singh Road, Ilakiampatti, Dharmapuri- 636 705.

...Petitioner in W.P.No.14101 of 2016

Vs.

1. The State of Tamil Nadu, Rep. by Principal Secretary to Government Finance (T&A) Department, Secretariat, Chennai-600 009.

2. The Director of Treasuries and Accounts, 1/4

Panagal Maaligai, Saidapet, Chennai-600 015.

3. The Treasury Officer, District Treasury, Dharmapuri-636 705.

...Respondents in both W.P.No's.

Common Prayer: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to defer all further proceedings pursuant to the charge memo issued by the 2 nd Respondent in RC No.35046/2012 Q3 dated 20.08.2013 pending criminal proceedings in C.C.15 of 2014 on the file of the Judicial, Magistrate No.1, Dharmapuri and consequently forbear the 1 st Respondent/Appellate authority from exercising the powers of the disciplinary authority in the disciplinary proceedings against the petitioner pursuant to the charge memo issued by the 2 nd Respondent in RC No.35046/2012 Q3 dated 20.08.2013. For Petitioner in both W.P.No's : Mr.M.Sivavarthanan For Respondents in both W.P.No's.: Mrs.S.Anitha, Special Government Pleader COMMON ORDER Writ petitions are filed for issuance of a Writ of Mandamus, directing the respondents to defer all further proceedings pursuant to the charge memo issued by the 2 nd respondent dated 20.08.2013 pending criminal proceedings in C.C.15 2/4

of 2014 on the file of the Judicial, Magistrate No.1, Dharmapuri and consequently forbear the 1 st respondent/Appellate authority from exercising the powers of the disciplinary authority in the disciplinary proceedings against the petitioner pursuant to the charge memo issued by the 2 nd respondent dated 20.08.2013.

2. The learned counsel for the petitioner submits that during the pendency of the writ petitions, on 06.05.2019, final orders were passed removing the petitioners from service and the same is under challenge in W.P.Nos'.23303 & 23306 of 2019 filed by the writ petitioner's herein. As final orders removing the petitioners from service have already been passed , nothing further survives for further adjudication in the present writ petitions and therefore these writ petitions are dismissed as infructuous. No costs. Consequently, connected WMP's are closed. 12.09.2024 Index:Yes/No Speaking order:Yes/No dsn 3/4

N.MALA,J.

dsn

1. The Principal Secretary to Government, Finance (T&A) Department, Secretariat, Chennai-600 009.

2. The Director of Treasuries and Accounts, Panagal Maaligai, Saidapet, Chennai-600 015.

3. The Treasury Officer, District Treasury, Dharmapuri-636 705.

12.09.2024 4/4