R.Arumugam, v. The Director Of Local Fund

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2023 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Arumugam .. Petitioner

Versus

Director of Local Fund Audit and Disciplinary Authority, Kuralagam, IV Floor, Chennai - 108.

.. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the respondent in R.C.No. O.Na.1/047814/2008, dated 27.12.2011 and quash the same and direct the respondent to reinstate the petitioner in service with all the consequential benefits.

For Petitioner : Mr.S.Thendral, for M/s.C.S.Associates For Respondent : Mr.T.K.Saravanan, Government Advocate 1/4

ORDER

This Writ Petition is filed challenging the order, dated 27.12.2011, in and by which, the petitioner is removed from service.

2. Punishment is imposed pursuant to the conviction of the petitioner by the learned Chief Judicial Magistrate, Vellore for an offence under the Prevention of Corruption Act, 1988.

3. It is the contention of the learned Counsel for the petitioner that the petitioner has filed Crl.A.No.457 of 2010 and the same is pending.

4. The learned Government Advocate submits that even the said Crl.A.No.457 of 2018 is dismissed.

5. In view thereof, no exception whatsoever can be taken in passing the impugned order. It is needless to state that on any further appeal, if the conviction of the petitioner is set aside, it would be open for the petitioner to make representation before the respondent and the respondent shall consider the same in accordance with law.

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6. With the above observation, this Writ Petition is disposed of. No costs.

28.11.2023 Index : yes Speaking order : no grs To

1. The Director of Local Fund Audit and Disciplinary Authority, Kuralagam, IV Floor, Chennai - 108.

2 The Public Prosecutor, High Court of Madras.

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D.BHARATHA CHAKRAVARTHY, J.

grs 28.11.2023 4/4