E.Gopi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRASS

DATED:27.01.2022

CORAM

THE HON'BLE MR. JUSTICE V.PARTHIBAN W.P.NO.6659 OF 2021 & W.M.P.NOS.7213 & 7214 OF 2021 E.Gopi

...Petitioner

Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary to Government,

2. The Deputy Secretary to Government (Telephone)/ Enquiry Officer,

...Respondents

PRAYER:

Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records relating to the impugned G.O.(D).No.223 Public (Establishment II) Department dated 30.06.2020 and the impugned G.O.(D).No.224 Public (Establishment II) Department dated 30.06.2020 and the subsequent impugned G.O.(D)No.225 Public (Establishment-II) Department dated 30.06.2020 issued by the 1st respondent and to quash the same and consequently directing the first respondent to allow the petitioner to retire from service as on date of retirement with all consequential and other attendant benefits including payment of retirement benefits and regular pension, along with interest, within time frame to be fixed by this Court.

For Petitioners .. Mr.G.Sankaran For Respondents .. Mr.L.S.M.Hasan Fizal Additional Government Pleader

ORDER

The learned counsel for the petitioner would submit that the petitioner is seriously ailing and is counting his days and therefore he is not in a position to pursue this litigation any further because of his ailment. Therefore, the learned counsel requests this Court to withdraw the writ petition and also requests this Court to make necessary observation for the respondent to process the enquiry proceedings and complete the same at the earliest point of time.

2.Mr.L.S.M.Hasan Fizal, learned Special Government Pleader appearing for the respondents would not have any legitimate objections to such a course of action and for making such observation by this Court in withdrawing the writ petition. 3.In the said circumstances, while dismissing the writ petition as withdrawn, the respondents are directed to complete the process of enquiry within a period of 6(six) weeks from the date of receipt of copy of this order. The respondents are also directed to take into consideration the health condition of the petitioner and take a decision with due empathy and understanding.

4.With the above observations, this Writ Petition stands dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrm To

1. The State of Tamil Nadu, Represented by its Principal Secretary to Government,

2. The Deputy Secretary to Government (Telephone)/ Enquiry Officer, +1cc to Mr.G.Sankaran, Advocate, S.R.No.5014 +1cc to the Government Pleader, S.R.No.5165 W.P.No.6659 of 2021 PVS(CO) PM/28/01/2022