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Madras High CourtWP/22166/2004dismissed

Kirisula. v. The State Of Rep.By Its Rep.

2017-08-29Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2017 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI Writ Petition No.22166 OF 2004 and WPMP.No.26826/2004 Kirusula ... Petitioner Vs

1. The State rep. by its Secretary, Public Health Department, St. George Fort, Chennai-9.

2. The Director of Public Health and Preventive Medicine, 1st Floor, D.M.S. Complex, Teynampet, Chennai-6.

3. The Deputy Director of Health Services, Kanya Kulam Road, Villupuram-605 602.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the Charge Memo dated 24.9.2001 in proceeding R.C.No.4362/A1/95 on the file of the 3rd respondent and quash the same and further, direct the 2nd and 3rd respondents to allow the petitioner to join duty with back wages.

For petitioner : Mr.S.T.Raja For respondents : Mr.M.Elumalai, Government Advocate

O R D E R

Challenging the Charge Memo dated 24.9.2001 issued by the 3rd respondent under Rule 17(b) of the Tamil Nadu Government Servants (Discipline and Appeal) Rules, the present Writ Petition has been filed by the petitioner.

2.

This Court, while admitting the writ petition, vide order dated 05.08.2004 passed in WPMP.No.26826/2004, issued an interim direction, directing the respondents 2 and 3 to permit the petitioner to rejoin duty pending disposal of the writ petition.

3.

Today, when the matter is called, the learned Government Advocate appearing for the respondents has produced a letter of the 2nd respondent dated 24.08.2017 addressed to him along with the particulars of this case.

4.

A perusal of the letter of the 2nd respondent dated 24.08.2017 would go to show that as per the above interim direction of this Court, the petitioner was allowed to rejoin duty on 31.07.2005 itself and she was posted at Animal Husbandry Primary Health Centre, Nilakottai, Udhagai HUD. Further, it is also stated that in the disciplinary proceedings, final order was passed on 19.11.2009 by imposing the punishment of stoppage of increment for 5 years with cumulative effect. 5.

In view of the above, this Court is of the opinion that nothing survives in the Writ Petition. Therefore, the same is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Asst.Registrar (CS VIII ) /true copy/ Sub Asst. Registrar tsi To

1. The State rep. by its Secretary, Public Health Department, St. George Fort, Chennai-9.

2. The Director of Public Health and Preventive Medicine, 1st Floor, D.M.S. Complex, Teynampet, Chennai-6.

3. The Deputy Director of Health Services, Kanya Kulam Road, Villupuram-605 602.

+1cc to the Government Pleader, Sr. 62868 +1cc to Mr.S.T.Raja, Advocate Sr. 62151 W.P.No.22166 of 2004 PA(CO) VR(19/09/2017)