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Madras High CourtWP/35115/2012dismissed as infructuous

C.Elangovan v. Superintending Engineer

2022-01-11Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.35115 of 2012 and M.P.No.1 of 2012 C.Elangovan

...Petitioner

Vs.

1. Superintending Engineer, Office of Superintending Engineer, Tamil Nadu Electricity Board, West Circle, Chennai.

2. Assistant Executive Engineer, Tamil Nadu Electricity Board, Anna Nagar, Plot No.1100-A, H-Block, 5th Street, 11th Main Road, Anna Nagar, Chennai 600 040.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus forbearing the respondents from conducting departmental proceedings in pursuant to the charge memo in Ku.n.023153/Mapo/Samipava/Uniaa/nipi2/u1/Ko.O.Na09, dated 26.12.2009 till the disposal of the criminal Trial in C.C.No.5/2012 on the file of the Special Judge Vigilance and Anti Corruption Court, High Court Buildings, Chennai and pass orders.

For petitioner : No appearance For respondents : Mr.P.Subramanian (TNEB) for R1 and R2

ORDER

This matter is listed today under the caption "For dismissal". However, none appeared for the petitioner. 2.The learned standing counsel appearing for the respondents https://hcservices.ecourts.gov.in/hcservices/

Board submitted that this writ petition has been filed seeking to issue a Writ of Mandamus, forbearing the respondents from conducting departmental proceedings in pursuant to the charge memo dated 26.12.2009 till the disposal of the Trial in C.C.No.5/2012 on the file of the Special Judge Vigilance and Anti Corruption Court, High Court Buildings, Chennai.

3. He further submitted that the above said Criminal Case was ended with an order of conviction during the year 2018 and subsequently, following the judgment passed by the Criminal Court, the petitioner was dismissed from service. Therefore, the prayer sought for in the writ petition has become infructuous and nothing survives for further adjudication.

4. Recording the submission made by the learned counsel appearing for the respondents, this writ petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mst To

1. Superintending Engineer, Office of Superintending Engineer, Tamil Nadu Electricity Board, West Circle, Chennai.

2. Assistant Executive Engineer, Tamil Nadu Electricity Board, Anna Nagar, Plot No.1100-A, H-Block, 5th Street, 11th Main Road, Anna Nagar, Chennai 600 040.

+1cc to Mr.P.Subramanian, Advocate, S.R.No.2160 W.P.Nos.35115 of 2012 and M.P.No.1 of 2012 MT(CO) RGA(31/01/2022) https://hcservices.ecourts.gov.in/hcservices/