T.Thirumurthy v. Union Of India Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19/3/2025 C O R A M The Hon'ble Ms.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition No.22799 of 2021 a n d W.M.P.No.24021 of 2021 T. Thirumurthy ...

Petitioner Vs

1. Union of India rep. By The General Manager Southern Railway Chennai 600 003.

2. The Principal Chief Security Commissioner R.P.F.Southern Railway Moor Market Complex, 6th Floor Park Town Chennai 600 003.

3. The Senior Divisional Security Commissioner M.A.S Southern Railway D.R.M.Complex, 5th Floor Park Town Chennai 600 003.

4. The Assistant Security Commissioner R.P.F.

Thiruvananthapuram 14.

...

Respondents 1/6

PRAYER:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the concerned records relating to the order No./No.VXP/227/158/20 dated 8/10/2021 passed by the fourth respondent and quash the same. For petitioner ...

Mr.M.Gnanasekar For respondents ...

Mr.P.T.Ramkumar Standing Counsel - - - - -

O R D E R

This writ petition has been filed to quash the order dated 8/10/2021 passed by the fourth respondent in No.VXP/227/158/20.

2. The brief facts of the petitioner as set out in the affidavit filed in support of the writ petition are as follows:- The petitioner has received letters dated 30/7/2021, 6/8/2021 and 23/7/2021, from the fourth respondent, proposing to take DAR action 2/6

against the petitioner. Hence, the peetitioner had sent a letter dated 6/8/2021, stating that against the order dated 29/12/2020, W.P.No.1401 of 2021 was filed and requested the respondents to wait for the outcome of the writ petition. The fourth respondent by his order, dated 8/10/2021, imposed the penalty of reduction of pay by two stages for a period of 35 months with non-recurring effect. Being aggrieved, the petitioner has come forward with the instant writ petition.

3. Heard Mr.M.Gnanasekar, learned counsel for the petitioner and Mr.P.T.Ramkumar, learned Standing Counsel for the respondents.

4. The learned Standing Counsel appearing for the respondents would submit that the penalty awarded was reduction of pay by two stages for a period of 35 months with effect from 8/10/2021. The period mentioned in the penalty advice was already over. Hence, nothing survives for further adjudication.

5. Recording the submission of the learned Standing Counsel for the Railways, this writ petition is dismissed as infructuous, as nothing survives 3/6

for further adjudication. No costs. Consequently, connected Miscellaneous Petition is closed.

19/3/2025 mvs.

Index: Yes/No 4/6

To

1. The General Manager Union of India Southern Railway Chennai 600 003.

2. The Principal Chief Security Commissioner R.P.F.Southern Railway Moor Market Complex, 6th Floor Park Town Chennai 600 003.

3. The Senior Divisional Security Commissioner M.A.S Southern Railway D.R.M.Complex, 5th Floor Park Town Chennai 600 003.

4. The Assistant Security Commissioner R.P.F.

Thiruvananthapuram 14.

5/6

V.BHAVANI SUBBAROYAN,J mvs.

19/3/2025 6/6