K.Pasupathi v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 8107 of 2023 K. Pasupathi ... Petitioner -vs1. The Principal Secretary / Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Appellate Deputy Commissioner (ST), Cuddalore.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for records of the First Respondent in his proceedings in Memo Ref. No. E1/16347/2013-I, quash the Memorandum dated 27.10.2022 issued therein accepting the findings of the Second Respondent in the inquiry report dated 12.09.2022. For Petitioner : Mr. P.V.Sudakar For Respondents : Mrs. E.Renganayaki, Additional Government Pleader 1/4

O R D E R

Heard Mr. P.V.Sudakar, Learned Counsel for the Petitioner and Mrs. E.Renganayaki, Learned Additional Government Pleader takes notice of the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition challenges the Proceedings in Memo Ref. No. E1/16347/2013-I dated 27.10.2022 passed by the First Respondent in which the Petitioner has been required to submit his representation against the findings of the enquiry officer in the disciplinary proceedings within 15 days of its receipt.

3.

Since the Petitioner has not been able to show any prejudice caused by such requirement, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to submit his representation and work out his remedies in the event of any adverse decision before the appropriate forum in the manner recognized by law and he has also made an endorsement to that effect in the court record. 2/4

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petition is closed. No costs.

15.03.2023 skr Index: Yes/No Note: Issue order copy by 10.04.2023 To

1. The Principal Secretary / Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Appellate Deputy Commissioner (ST), Cuddalore.

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P.D. AUDIKESAVALU, J.

skr 15.03.2023 4/4