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Madras High CourtWP/8908/2017withdrawn dismissed

H.Sunder, v. The State Of Tamil Nadu

2017-07-03Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.8908 & 8909 of 2017 and W.M.P.Nos.9825 & 9826 of 2017 H.Sunder ... Petitioner in both the W.Ps'

vs

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Transport Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Tamil Nadu State Transport Corporation (Kum) Ltd., No.27, Railway Station New Road, Kumbakonam - 612 001, Thanjavur District.

... Respondents in both the W.Ps'

PRAYER in W.P.No.8908 od 2017:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records issued by the second respondent vide reference TNSTC/KUM/Corp/Legal/10/2017 dated 30.03.2017 placing the petitioner under suspension with effect from 30.03.2017 quash the same as arbitrary and illegal and against the spirit of G.O.Ms.No.144 dated 08.06.2007 issued by the Personal and Administrative reforms (N) Department and thereby direct the respondents herein to allow the petitioner to retire from service with effect from 31.03.2017. PRAYER in W.P.No.8908 od 2017:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records issued by the second respondent vide reference TNSTC/KUM/Corp/Legal/10/2017 dated 31.03.2017 retaining the petitioner in service beyond the age of superannuation and to quash the same as arbitrary and illegal and against the spirit of G.O.Ms.No.144, dated 08.06.2007 issued by the Personal and Administrative reforms (N)

Department and consequentially direct the respondents to settle the terminal benefits payable to the petitioner. For Petitioner : Mr.S.Govindarajan For Respondents : Mr.K.Dhananjeyan, Special Government Pleader C O M M O N O R D E R The learned counsel appearing for the writ petitioner argued the matter for a considerable length of time and the writ petitions are filed challenging the order of the suspension and also the order retaining the petitioner in service beyond the age of superannuation, wherein, it is found that the writ petitioner is implicated in a criminal case more specifically under Vigilance and Anti-Corruption Act.

2.Under these circumstances, when this Court expressed its views that the writ petitions cannot be entertained against the order of suspension and also the order retaining the petitioner in service beyond the age of superannuation, on the grounds raised in these Writ Petitions, the learned counsel prefers to withdraw these Writ Petitions. Accordingly, the writ petitioner is permitted to withdraw these Writ Petitions. 3.Thus, the Writ Petitions stand dismissed as withdrawn. Consequently, connected Miscellaneous Petitions are also dismissed. However, no order as to costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ah/rpa To 1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Transport Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Tamil Nadu State Transport Corporation (Kum) Ltd., No.27, Railway Station New Road, Kumbakonam - 612 001, Thanjavur District.

+1cc to M/s.P.Paramasiva Doss, Advocate, S.R.No.46541 +1cc to the Government Pleader, S.R.No.46650 W.P.Nos.8908 & 8909 of 2017 LRS(CO) CU(20/07/2017)