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Madras High CourtWP/7430/2020disposed of

S.Kannan v. The Union Of India

2024-10-19Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.No.14118 of 2022 S.Kannan ... Petitioner Vs.

1. The Union of India, Represented by its Secretary to Government, Department of Revenue, Ministry of Finance, Government of India,

2. The Deputy Secretary to the Government, (Central Board of Indirect Taxes and Customs) Department of Revenue, Ministry of Finance, Government of India,

3. The Under-Secretary to Government, Department of Revenue, Ministry of Finance, Government of India, 1/5

4. The Chairman, Central Board of Indirect Taxes and Customs, Room No. 46, North Block, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent pertaining to Office Order bearing No. C50/04/2020Ad.II (Pt.) dated 03.03.2020 and the records of the third respondent bearing No.C50/04/2020-Ad.II (Pt.) dated 23.03.2020 and quash the same and consequently direct the respondents 1 to 3 to sanction leave to the petitioner in accordance with the petitioner's application dated 18.02.2020. For Petitioner : Mr.Richardson Wilson For Respondents : Mr. M.Ramamoorthy, SPCCG *****

O R D E R

The instant Writ Petition has been filed, challenging the Memorandum dated 23.03.2020.

2. The Memorandum indicates that, inspite of the direction issued by the Department, he did not join in the new place of posting. However, the 2/5

learned counsel for the petitioner would submit that now the petitioner has been permitted to retire on 16.09.2022, however, with a rider, subject to the outcome of the present Writ Petition.

3. In view of the above subsequent developments, at this length of time, it would not be proper to adjudicate the Memorandum dated 23.03.2020. Therefore, it is appropriate to remit back the matter before the authority concerned, and the petitioner is given liberty to submit his explanation before the respondents. On submission of such explanation, the respondents are directed to proceed further in accordance with law and according to its own merit, within a reasonable time.

4. In the result, this Writ Petition is disposed of with the above observations. Consequently, the connected Miscellaneous Petition is closed. No costs.

19.10.2024 kv Index : Yes/No 3/5

Speaking order /Non Speaking Order To

1. The Secretary to Government, The Union of India, Department of Revenue, Ministry of Finance, Government of India,

2. The Deputy Secretary to the Government, (Central Board of Indirect Taxes and Customs) Department of Revenue, Ministry of Finance, Government of India,

3. The Under-Secretary to Government, Department of Revenue, Ministry of Finance, Government of India,

4. The Chairman, Central Board of Indirect Taxes and Customs, Room No. 46, North Block, 4/5

C.KUMARAPPAN, J.

kv 19.10.2024 5/5