Madras High CourtWP/14096/2024dismissed as infructuous

R.Baskar v. The Chairperson,

2024-06-04Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.15282, 15283 and 15292 of 2024 R.Baskar .. Petitioner

Versus

1. The Chairperson, Chennai Port Authority, Rajaji Salai, Chennai - 600 001.

2. The Financial Advisor & Chief Accounts Officer, Finance Department, Chennai Port Authority, Rajaji Salai, Chennai - 600 001.

3. Union of India, Secretary, Ministry of Shipping, Transport Bhavan, No.1, Parliament Road, New Delhi - 110 001.

.. Respondents 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 Suspension Order, dated 08.05.2024, vide Proceeding No.Estt./EC-11509/2024/F, on the file of the 2nd respondent and subsequently, thereby a show cause notice, dated 09.05.2024, vide Proceeding No.Estt./EC-11509/2024/F, on the file of the second respondent 1/4

and quash the same, as illegal and thereby direct the respondents to restore the petitioner to full service with backwages. For Petitioner : Mr.T.Sellakannu For Respondents : Mr.P.Ulaganathan

ORDER

Today, when the matter is taken up for hearing, Mr.P.Ulaganathan, learned Counsel for the respondents produced the order, dated 03.06.2024, whereby, the petitioner has been imposed with a penalty of dismissal from service with immediate effect.

2. Learned Counsel for the petitioner submits that the said order is yet to be communicated to the petitioner. Since, the order is passed on 03.06.2024, the same is now produced before the Court and a copy is served to the learned Counsel for the petitioner.

3. In view thereof, this Writ Petition, challenging only the order of suspension and the show-cause notice memorandum, would not survive. It would be open for the petitioner to raise all the grounds, which are raised in the Writ Petition, while challenging the order of dismissal in the manner known to law.

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4. With the above said observation, this Writ Petition is dismissed as having become infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 04.06.2024 : no grs To

1. The Chairperson, Chennai Port Authority, Rajaji Salai, Chennai - 600 001.

2. The Financial Advisor & Chief Accounts Officer, Finance Department, Chennai Port Authority, Rajaji Salai, Chennai - 600 001.

3. The Secretary, Ministry of Shipping, Transport Bhavan, No.1, Parliament Road, New Delhi - 110 001.

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D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.Nos.15282, 15283 and 15292 of 2024 04.06.2024 4/4