G.Subramanian v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.21452 of 2015 And M.P.Nos.1 to 3 of 2015 G.Subramanian ... Petitioner Vs.

1 The Managing Director Chennai Metro Water Supply and Sewerage Board No.1 Pumping Station Road Chintadripet Chennai-2.

2 The Area Engineer-IV 19/35 Area-IV Ramanujam Street Old Washermenpet Chennai-28.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the entire records connected with the impugned proceedings of the 1st respondent under Proc.No.CMWSSB/ P&A/VC-2/ 28097/2006 dated 1.6.2015 herein and to quash the same as against the principles of natural justice and violative of Article 309 and 311 of the Constitution of India and consequently direct the 1st respondent to reinstate the petitioner in service with all attendant benefits and promotions as applicable. For Petitioner : Mr.S.Xavier Felix For Respondents : Mr.Jothikumar for R1 Mrs.M.E.Rani Selvam for R2 Additional Government Pleader

O R D E R

Heard both sides. By consent the writ petition is taken up for final disposal.

2.Admittedly, the petitioner is convicted by a criminal Court for offence under Section 7, 13(2) r/w 13(1)(d) of P.C.Act. Now appeal is filed. Though there is stay of sentence, there is no stay of conviction.

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3.The learned counsel for the petitioner has submitted that an application is moved for stay of conviction.

4.The same cannot be a reason to entertain this writ petition and to grant stay. I do not find any infirmity in the impugned proceedings asking to show cause as to why the petitioner cannot be dismissed on the ground of conviction. However, if the petitioner gets stay of conviction, it cannot preclude him from approaching this Court once again. Normally, no Court shall grant stay of conviction. Hence, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The Managing Director Chennai Metro Water Supply and Sewerage Board No.1 Pumping Station Road Chintadripet Chennai-2.

2 The Area Engineer-IV 19/35 Area-IV Ramanujam Street Old Washermenpet Chennai-28.

+1cc to Mr.S.Xavier Felix, Advocate, sr.no.36584 W.P.No.21452 of 2015 And M.P.Nos.1 to 3 of 2015 kk[co] srg 31.07 https://hcservices.ecourts.gov.in/hcservices/