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Madras High CourtWP/16727/2021disposed of

P.K.Saravanan v. The Commissioner

2021-08-12Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN WP.No.16727 of 2021 and WMP.No.17701 of 2021 [Video Conferencing] P.K.Saravanan

...Petitioner

Vs The Commissioner, Punjai Puliampatti Municipality, Sathiyamangalam Taluk, Erode District.

...Respondent

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records connected with the proceedings issued in Na.Ka.No.450/2020/C1 dated 24.07.2020 and Office Order No.11/2020 Na.Ka.No.450/2020/C1 dated 30.07.2020 passed by the respondent and quash the same.

For Petitioner : Mr.S.Ilamvaludhi For Respondent : Mr. S.Arumugam Government Advocate

ORDER

1.

By consent, the Writ Petition is taken up for final disposal and is disposed of by this order.

2.

Mr.S.Arumugam, learned Government Advocate, takes notice for the respondent.

3.

The petitioner has filed the present writ petition seeking for issuance of a Writ of Certiorari to call for the records connected with the proceedings issued in Na.Ka.No.450/2020/C1 dated 24.07.2020 and Office Order No.11/2020 Na.Ka.No.450/2020/C1 dated 30.07.2020 passed by the respondent and quash the same.

4.

A perusal of the typed set of documents, in particular, the proceedings dated 24.07.2020 and Office Order dated 30.07.2020 passed by the respondent would reveal that the https://hcservices.ecourts.gov.in/hcservices/

petitioner, who is working as an Assistant in Udumelpet Muicipality was issued with the abovesaid memo directing to deduct Rs.13,000/- per month for 35 instalments from his salary for the charges levelled against him.

5.

At this juncture, the learned counsel for the petitioner would submit that the petitioner may be permitted to submit a fresh reply for the memo dated 24.07.2020 to the respondent in due course and that the same may be considered and orders passed by the respondent within a time frame.

6.

This Court heard the submissions of the learned Government Advocate appearing for the respondent and perused the materials placed before it.

7.

Though the petitioner prayed for a larger relief, having regard to the limited scope of the prayer that is now sought for by the learned counsel for the petitioner before this Court, without expressing any opinion on the merits of the case, this Court permits the petitioner to submit a fresh reply for the memo dated 24.07.2020 to the respondent within a period of one week from the date of receipt of a copy of this order and the respondent, upon receipt of such reply from the petitioner, shall conduct fresh enquiry and pass appropriate order in accordance with law within a further period of two months thereafter and communicate the decision taken, to the petitioner herein. Till then, the Order will not be given effect to. 8.

The Writ Petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar gv To The Commissioner, Punjai Puliampatti Municipality, Sathiyamangalam Taluk, Erode District.

+1cc to the Government Pleader, S.R.No.40362 WP.No.16727 of 2021 and WMP.No.17701 of 2021 GPL[co] NSK 24/09/2021 https://hcservices.ecourts.gov.in/hcservices/