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Madras High CourtWA/3309/2024dismissed

K. Anbu v. The Deputy Comandant

2024-11-15Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2024

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B.BALAJI and C.M.P.No.25678 of 2024 K.Anbu ... Appellant Vs.

The Deputy commandant, Central Industrial Security Force Unit, Bhavini (DAE), Kalpakkam, Chengalpattu Dist. 603 127.

... Respondent PRAYER: The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order passed by the learned Judge in W.P.No.29457 of 2024 dated 01.10.2024 and allow the writ appeal. For Appellant : Mr.R.Thiyagarajan

JUDGMENT

(Judgment of the Court was delivered by D.KRISHNA KUMAR, J.) The appellant/Writ petitioner has filed the present writ appeal to set aside the order passed by the learned Judge in W.P.No.29457 of 2024 Page 1/4

dated 01.10.2024.

2. The appellant has filed the said writ petition seeking to quash the impugned order passed by the respondent dated 20.09.2024, ordering for departmental enquiry; and also to direct the respondent to keep abeyance the enquiry proceedings till the witnesses namely Mr.Vignesh, s/o Mr.Arumugam and his elder brother Mr.A.Arivind Samy, s/o Mr.Arumugam are called for to give evidence. Learned Single Judge, has dismissed the writ petition and challenging the same, the present writ appeal has been filed.

3. It is brought to the notice of this court that, in the disciplinary proceedings, final order has been passed and the prayer of the appellant/ writ petitioner seeking examination of the witnesses was not considered.

4. In such circumstances, we are of the considered view that, at this stage, this writ appeal cannot be entertained and if the appellant is aggrieved by the final order passed by the authorities concerned in the disciplinary proceedings, it is open to him to challenge the same before the appropriate forum.

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5. This writ appeal is dismissed accordingly. There shall be no order as to costs. Connected miscellaneous petition is closed. (D.K.K, J.) (P.B.B., J.) 15.11.2024 Internet: Yes/No Index : Yes/No mst To The Deputy commandant, Central Industrial Security Force Unit, Bhavini (DAE), Kalpakkam, Chengalpattu Dist. 603 127.

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D.KRISHNAKUMAR, J.

and P.B.BALAJI, J.

mst 15.11.2024 Page 4/4