P.Murugesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA P.Murugesan ...

Petitioner versus 1.The District Collector, Vellore District, Vellore.

2.The Commissioner, Thirupattur Panchayat Union, Thirupattur, Thirupattur District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records made in impugned order Na.Ka.No.280/2018/BG1 dated 14.02.2018 on the file of 1st respondent herein and quash the same as illegal. For Petitioner :

Mr.R.Sankarasubbu For Respondent No.1 :

Mr.K.H.Ravikumar Government Advocate For Respondent No.2 :

Mr.J.Pothiraj 1/4

O R D E R

The petitioner has filed this writ petition seeking to quash the impugned order dated 14.02.2018 passed by the 1st respondent. 2.

Heard Mr.R.Sankarasubbu, learned counsel for the petitioner, Mr.K.H.Ravikumar, learned Government Advocate for the 1st respondent, Mr.J.Pothiraj, learned counsel for the 2nd respondent and perused the materials available on record.

3.

Mr.R.Sankarasubbu, learned counsel for the petitioner submitted that despite the petitioner was suspended by the 1st respondent, he was not paid with any subsistence allowance and hence, he cannot make any further participation in the disciplinary enquiry. 4.

Mr.K.H.Ravikumar, learned Government Advocate for the 1st respondent submitted that the disciplinary proceedings have been completed and an order also been passed by the 1st respondent by giving a finding that the petitioner had misappropriated a sum of Rs.1,64,167/-. 2/4

5.

Since the order of suspension has been culminated into an order of punishment in view of the conclusion of the disciplinary proceedings, the relief sought in this Writ Petition challenging the order of suspension becomes infructuous. However, the respondents have got the obligation to pay the subsistence allowance to the petitioner during which he was kept under suspension, within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is at liberty to challenge the order of punishment, if any passed at the conclusion of the disciplinary proceedings in the manner known to law. With the above observation, this Writ Petition disposed. No costs. Consequently, connected Miscellaneous Petition is closed. 12.03.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

R.N.MANJULA , J.

sri To 1.The District Collector, Vellore District, Vellore.

2.The Commissioner, Thirupattur Panchayat Union, Thirupattur, Thirupattur District.

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