K.Ashok v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.Nos. 23592 of 2014 and 26345 of 2015 and M.P.Nos.1 and 2 of 2014 and 1 and 2 of 2015 K.Ashok ... Petitioner in both writ petitions Vs.

1. The Managing Director, Tamil Nadu Tea Plantation Corporation Ltd., Connoor, The Nilgris.

2. The General Manager, Devala Tea Division, Devala, The Nilgris.

... Respondents in both writ petitions Prayer in W.P.No.23592 of 2014: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the second respondent order dated 24.07.2014 made in proceeding No.E.2/9181/2014 and quash the Impugned Suspension Order issued by the second respondent.

Prayer in W.P.No.26345 of 2015: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the second respondent order dated 11.08.2014 made in proceeding

Letter/Memo No.791/14/E and quash the Impugned Charge Sheet issued by the second respondent.

In Both Writ Petitions For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.M.S.Prem Kumar, Government Advocate C O M M O N O R D E R These two writ petitions have been filed by the same petitioner challenging the order of suspension, dated 24.07.2014 in W.P.No.23592 of 2014 and the consequential charge-memo, dated 11.08.2014 in W.P.No.26345 of 2015.

2. When the matters are taken up for consideration, the learned counsel for the petitioner filed a memo dated 28.10.2024, reporting no instructions form the petitioner. However, the learned Government Advocate brought to the notice of this Court that, during the pendancy of the above writ petitions, enquiry has been conducted against the petitioner, resulting in imposing the punishment of dismissal from service and thereafter, the petitioner filed an appeal and in the said appeal, the order of dismissal was modified to that of reversion through proceedings bearing Proc.No.9181/2014/E2 dated

09.05.2017 and thereafter, retired from service on attaining the age of superannuation in the year 2017 itself.

3. In view of the same, the relief sought in both the writ petitions have become infructuous and accordingly, both the writ petitions are dismissed leaving it open to the petitioner to take appropriate steps against the subsequent orders passed by the respondents, in case, if he is so advised. Consequently, connected miscellaneous petitions, if any, shall stand closed. No costs.

28.10.2024 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Managing Director, Tamil Nadu Tea Plantation Corporation Ltd., Connoor, The Nilgris.

2. The General Manager, Devala Tea Division, Devala, The Nilgris.

MUMMINENI SUDHEER KUMAR, J.

skr 28.10.2024