M.Sathya Priya Ips v. Union Of India

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 14.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM W.P.No.13506 of 2015 and M.P.No.1 of 2015 M.Sathya Priya IPS ... Petitioner Vs.

1. Union of India rep by secretary to Government, Ministry of Home Affairs North Block New Delhi - 110 001 2 State of Tamil Nadu Thro Principal Secretary to Govt Home Department Secretariat Chennai - 9 3 Ashish Bhengra IPS (Inquiry Officer) Additional Director General of Police State Crime Records Bureau Chennai - 28 4 Central Administrative Tribunal rep by its Registrar, Madras Bench Chennai 600 104 ... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for a writ of certiorarified mandamus, calling for the records relating to the order of the 4th respondent dated 27/04/2015 in O.A.No.570 of 2015 quash the same and consequently remand the matter to the 4th respondent to decide the case of the petitioner on merits.

For Petitioner : Mr.S.Vijayanarayan, Sr.Counsel.

for Mr.R.Parthiban For Respondents : Mr.T.N.Rajagoplan (For R2&R3) Special Government Pleader

ORDER

(Order of the Court was made by S.MANIKUMAR, J.) In the present writ petition, petitioner has challenged the order of Central Administrative Tribunal, Madras Bench, made in O.A.No.570 of 2015 dated 27.04.2015, by which, refusal to furnish documents to proceed with the enquiry, subject matter of disciplinary proceedings in Charge memo dated 05.04.2014, is sustained.

2. On the last hearing, Mr.S.Vijay Narayan, learned senior counsel appearing for the petitioner submitted that the charge memo itself has been quashed by the Central Administrative Tribunal, New Delhi, and confirmed by the High Court. Mr.T.N.Rajagopalan, learned Special Government Pleader submitted that Government of Tamilnadu, have preferred an appeal to the Apex Court.

3. Today, Mr.S.Vijay Narayan, learned senior counsel appearing for the petitioner submitted that the Apex Court has dismissed the SLP filed by the Government and in view of the above, nothing survives in this writ petition. Hence, learned senior counsel appearing for the petitioner, seeks permission to withdraw the writ petition. Learned counsel on record, has also made an endorsement to that effect.

4. Recording the submission and endorsement of the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous Petition is closed.

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

1. Secretary to Government, Union of India Ministry of Home Affairs North Block New Delhi - 110 001 2 Principal Secretary to Govt State of Tamil Nadu Home Department Secretariat Chennai - 9

3 Ashish Bhengra IPS (Inquiry Officer) Additional Director General of Police State Crime Records Bureau Chennai - 28 4 The Registrar, Central Administrative Tribunal Madras Bench Chennai 600 104 1 cc to Government Pleader.Sr.No.50550 1 cc to Mr. R.Parthiban, Advocate Sr.No.50146 W.P.No.13506 of 2015 vsn(co) pmk.1.10.2015