B.Khaja Anwerdeen v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.24799 of 2006 and M.P.No.1 of 2006 B.Khaja Anwerdeen ... Petitioner Vs.

1.The Secretary, Secretary to Government, Fort St. George, Chennai-9.

2.The Engineer-in-Chief WRO & The Chief Engineer (General), Chepauk, Chennai-600 005.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records of 1st respondent in G.O. (D) No.228 dated 31.05.2006 and quash the same.

For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondent : Mr.K.Ravikumar Additional Government Pleader

ORDER

This writ petition has been filed challenging the G.O. (D) No.228 dated 31.05.2006 passed by the first respondent. 2.The case of the petitioner is that he has entered the service as an Assistant Engineer of Public Works Department in Institute of Hydraulic and Hydrology (Thiruvallur District), Poondi on 28.11.1972. Thereafter, he was transferred to the Special Building Division, Villupuram and subsequently he was transferred from time to time to various other places. While he was working as Superintending Engineer, Parambikulam Aliyar Basin Circle, Pollachi, he was placed under suspension in G.O. (D) No.228 Public Works, dated 31.05.2006 and he was not permitted to retire from service though he attained the age of

superannuation on that day. Challenging the said G.O. this petition has been filed seeking the above said prayer. 3.Learned counsel for the petitioner would submit that suspension order was passed on 31.05.2006. However, he is not able to verify the present position.

4.This Court by order dated 05.04.2018 dismissed the similar W.P. No.27090 of 2006 as nothing further survives for adjudication observing as follows:

'The petitioner has filed a writ petition challenging the G.O.(D).No.228 dated 31.05.2006, wherein the petitioner was not allowed to retire by invoking Rule 56 (1) (c ) of the Fundamental Rules and he was placed under suspension and was not permitted to retire on superannuation on the ground that there was a progress in the charges pending against him. Thereafter, as per G.O.(D).No.78 dated 21.03.2016, the respondents drafted the charges against the petitioner.

In view of the above writ petition, nothing survives for adjudication in this case. Accordingly, the writ petition is dismissed as infructuous. No costs.'

5.In view of the above, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vga To 1.The Secretary, Secretary to Government, Fort St. George, Chennai-9.

2.The Engineer-in-Chief WRO & The Chief Engineer (General), Chepauk, Chennai-600 005.

+1cc to Mr.S.Haja Mohideen Gisthi, Advocate, S.R.No.28721 W.P.No.24799 of 2006 and M.P.No.1 of 2006 vg ii[co] srg 16/05/2018