K.Sekar,S/O.Late.R.Krishnasamy v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:21.02.2024 Coram:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND Writ Petition No.1826 of 2018 and Writ Miscellaneous Petition Nos.2276 and 21117 of 2018 K.Sekar, S/o Late R.Krishnasamy, Work Inspector, P.W.D., U/s Gomuki Dam Quarters, Vadakananthal Post Chinnaselam Taluk, Villupuram District.

.. Petitioner /versus/ 1.The State of Tamil Nadu Rep.by its Secretary, Public Work Department, Fort St.George, Chennai 600 009.

2.The Engineer in Chief, PWD, 3.The Chief Engineer, PWD, 4.The Superintending Engineer, PWD, (WRD) Vellar Basin Circle, Cuddalore-607 001. 5.The Executive Engineer, PWD (WRD) Vellare Basin Division, 1/6

Virudhachalam 606 001.

6.The Assistant Executive Engineer, PWD, (WRD) Vellar Basin Sub Division, Kallakurichi.

.. Respondents Prayer:

Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 5th respondent pertaining to proceedings letter No.254/F5/2015-16/EA2 dated 03.05.2017 and to quash the same and to direct the 5th respondent to reinstate the petitioner with backwages.

For Petitioner :No appearance For Respondents :Mr.M.Alagu Goutham Government Advocate -------

O R D E R

There is no representation for the petitioner.

2. Heard the learned Government Advocate appearing for the respondents and perused the materials available on record. 2/6

3.

This Writ Petition has been filed against the proceedings dated 03.05.2017 passed by the 5th respondent placing the petitioner under suspension from service until further orders. 4.

During the course of the hearing today, the learned Government Advocate submits that subsequent to the order impugned in this Writ Petition, the respondents conducted enquiry and passed a final order on 05.10.2018 removing the petitioner from service. Aggrieved by the said order, the petitioner preferred an appeal before the appellate authority and the appeal also rejected by an order dated 04.06.2019. Aggrieved by the same, the petitioner has preferred a writ petition in W.P.No.3724 of 2020 and the same is pending.

5.

On consideration of the submissions of the learned Government Advocate that the writ petition is filed against the order of suspension, pending enquiry only and subsequently, after completion of disciplinary enquiry, the petitioner was removed from service by an order dated 05.10.2018.

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6.

In our considered view, nothing survives in this Writ Petition for further adjudication.

7.

Accordingly, this Writ Petition is dismissed as infructuous. 8.

Consequently, connected Miscellaneous Petitions are closed.

9.

There shall be no order as to costs.

21.02.2024 Index:yes/no Speaking order/non speaking order ari To:

1.The State of Tamil Nadu Rep.by its Secretary, Public Work Department, Fort St.George, Chennai 600 009.

2.The Engineer in Chief, PWD, 4/6

3.The Chief Engineer, PWD, 4.The Superintending Engineer, PWD, (WRD) Vellar Basin Circle, Cuddalore-607 001. 5.The Executive Engineer, PWD (WRD) Vellare Basin Division, Virudhachalam 606 001.

6.The Assistant Executive Engineer, PWD, (WRD) Vellar Basin Sub Division, Kallakurichi.

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BATTU DEVANAND,J.

ari and W.M.P.Nos.2276 and 21117 of 2018 21.02.2024 6/6