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Madras High CourtWP/18477/2007closed

C. Udhayasuriyan v. The District Adi Dravidar And

2018-06-22Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.18477 of 2007 C.Udhayasuriyan ... Petitioner Vs.

1.The District Adi Dravidar and Tribal Welfare Officer, Salem District, Salem.

2.Thiru.M.Barathan, District Adi Dravidar and Tribal Welfare Officer, Salem.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the order of suspension in Pro.Na.Ka.No.25120/07/D3 dated 15.5.2007 of the first respondent, quash the same and issue consequential directions to the respondents to allow the petitioner to continue as Warden, with all consequential benefits.

For Petitioner : Mr.M.Ravi For Respondents: Mr.K.Ravi Kumar for R1 Additional Government Pleader

O R D E R

The petitioners have filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records relating to the order of suspension in Pro.Na.Ka.No.25120/07/D3 dated 15.05.2007 of the first respondent, to quash the same and to issue consequential direction to the respondents to allow the petitioner to continue as Warden, with all consequential benefits.

2.The case of the petitioner is that the the petitioner joined the service as Secondary Grade Teacher in Adi Dravidar and Tribal Welfare Department on 03.07.1998 and was promoted as Graduate Assistant on 14.06.2004 and from 01.08.2005, he was https://hcservices.ecourts.gov.in/hcservices/

serving as Warden in Government College Boys Hostel, Salem. While being so, the petitioner was placed under suspension in the interest of public vide order dated 15.05.2007 for failure to perform the function of a Matron, misconduct, inquiry into grave charges and complaint against the petitioner for criminal offence was under investigation. Challenging the said order of suspension, the petitioner has filed this writ petition. 3.Heard the arguments advanced on either side and perused the materials available on record.

4.Normally, this Court would not entertain writ petition challenging the suspension order. However, perusal of the records discloses that this Court while entertaining the writ petition on 22.05.2007 had granted an order of interim stay and thereafter on 09.06.2007 the said interim order was made absolute. However, after a lapse of nearly eleven years, I do not find that anything would survive for adjudication in this writ petition. However, this order will not stand on the way of the respondent to proceed with the disciplinary proceedings against the petitioner, if any, in accordance with law and pass appropriate orders, if not already passed.

5.The writ petition is accordingly closed. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The District Adi Dravidar and Tribal Welfare Officer, Salem District, Salem.

+1cc to Government Pleader in sr.no.39936 W.P.No.18477 of 2007 nr 06/07/2018 https://hcservices.ecourts.gov.in/hcservices/