Munusamy (Deceased), v. The Commisisoner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.Munusamy (Deceased) 2.M.Latha 3.M.Purushothaman 4.M.Sangeetha 5.Kannammal ...

Petitioners [P-2 to P-5 are substituted as LRs of the deceased sole petitioner vide order dated 08.09.2023 made in W.M.P.No.2795 of 2023 in W.P.No.7859 of 2020] versus 1.The Commissioner, Erode Corporation, Erode.

2.The Inspector of Police, Erode South Police Station, Erode.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the concern records relating to the Order No.Na.Ka.No.20/2020/C1, dated 23.12.2019 passed by the first respondent herein and quash the same and consequently direct the first respondent to reinstate the petitioner in service with all consequential monetary and other service benefits. For Petitioner :

Mr.G.Pavendhan for Mr.S.Rajanikanth 1/4

For Respondent No.1 :

Mr.M.Rajamathivanan For Respondent No.2 :

Mr.T.Chezhiyan Additional Government Pleader

O R D E R

The petitioner has filed this petition seeking for a writ of Certiorarified Mandamus, calling for the records relating to the Order No.Na.Ka.No.20/2020/C1, dated 23.12.2019 passed by the first respondent and quash the same and consequently, direct the first respondent to reinstate the petitioner in service with all consequential monetary and other service benefits.

2.

Heard Mr.G.Pavendhan for Mr.S.Rajanikanth learned counsel for the petitioners, Mr.M.Rajamathivanan, learned counsel for the first respondent, Mr.T.Chezhiyan, learned Additional Government Pleader for the second respondent and perused the materials available on record. 3.

Today when the matter was taken up for hearing, it is reported by the learned counsel for the petitioners that the sole petitioner itself died on 28.09.2022. As per the Disciplinary Proceedings Rule, if any Government servant died during the pendency of the disciplinary 2/4

proceedings, the charge would deem to have got abated against him. Under such circumstances, his death benefits would be payable to his nominees /LRs in accordance with law.

4.

In view of the above, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed. 02.11.2023 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To 1.The Commissioner, Erode Corporation, Erode.

2.The Inspector of Police, Erode South Police Station, Erode.

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R.N.MANJULA , J.

sri 02.11.2023 4/4