Madras High CourtWP(MD)/9610/2020disposed of

P.Mohankumar v. The Commissioner Of Municipal Administration

2021-11-23Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD) No.9610 of 2020 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2021 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.9610 of 2020 and WMP(MD) Nos.8669 & 8670 of 2020 R.Mohankumar

...Petitioner

Vs.

The Commissioner of Municipal Administration, Santhome High Road, MRC Nagar, Raja Annamalai Puram, Chennai - 600 028.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings of the respondent in Roc.No.10053/2020/C1-6 dated 30.07.2020 and quash the same and consequently directing the respondent to regularize the suspension period of the petitioner with salary and all monetary and attendant benefits.

For Petitioner :Mr.G.Kannan for Mr.Veera Associates For Respondent :Mr.S.Shaji Bino Special Government Pleader

O R D E R

This writ petition is filed as against the order of suspension in ROC No.10053/2020/C1-6, dated 30.07.2020. 2.The case of the petitioner is that by the impugned order dated 30.07.2020, he was placed under suspension, while he was working as Commissioner of Kulithalai Municipality. In earlier occasion, this Court by order dated 20.08.2020 granted an interim order of stay on the ground that the impugned suspension order came to be passed without verifying records and due to non-application of mind.

3.Today (23.11.2021), when the matter is taken up for hearing, the learned Special Government Pleader submits that the suspension order was revoked and the petitioner was posted at Vellakovil, Tiruppur. He further submits that the respondents have also initiated disciplinary proceedings against the petitioner and issued a charge memo and the enquiry is pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD) No.9610 of 2020 and

4. Since the writ petition is filed against the order of suspension and now the suspension order has also been revoked and the petitioner was also posted in another place, nothing survives for further adjudication in this petition. However, in the interest of justice, there shall be a direction to the respondent, to complete the enquiry, within a reasonable time, not more than six months from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Commissioner of Municipal Administration, Santhome High Road, MRC Nagar, Raja Annamalai Puram, Chennai - 600 028.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-35698[F] dated 24/11/2021 ) +1 CC to M/s.SPL GP ( SR-35651[F] dated 24/11/2021 ) Order made in W.P(MD) No.9610 of 2020 and WMP(MD) Nos.8669 & 8670 of 2020 23.11.2021 KM(CO) GC(02.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2