Arumuga Nainaar, v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arumuga Nainaar ... Petitioner Vs.
1.The Secretary, Financial Department, Secretariat, Chennai.
2.The Registrar of Co-Operative Societies, Ponmalai, Kilapauk, Chennai.
3.The Director of Co-operative Audit, Combined Financial Department Office Building, No.571, Annasalai, Chennai 35.
4.The Joint Registrar, Thoothukudi Division, Thoothukudi.
5.The Managing Director, Tuticorin District Central Co-Operative Bank, No.105/5d, Ettayapuram Road, Polepettai, Thoothukudi.
6.A.Nagarajan, Asst.Director of Co-Operative Audit, Thoothukudi District.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to conduct departmental enquiry against the sixth respondent. For Petitioner : Mr.S.M.Mohan Gandhi For R-1 to R-4 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R-5 : Mr.D.Shanmugaraja Sethupathi For R-6 : Mr.V.Meenakshi Sundaram
O R D E R
This Writ Petition has been filed for a Mandamus seeking for a direction to the third respondent to conduct departmental enquiry against the sixth respondent.
2. A counter affidavit has also been filed by the third respondent. As seen from the counter affidavit filed by the third respondent based on the representation of the petitioner, enquiry was conducted against the sixth respondent and an enquiry report was also filed. As per the enquiry report, the allegations levelled by the petitioner against the sixth respondent through the representation dated 24.10.2017 were held to be false. 2/5
3. Learned Special Government Pleader appearing for the official respondents on instructions would submit that the sixth respondent has already retired from service on 30.06.2019 itself.
4. The prayer sought for by the petitioner in this Writ Petition has now become infructuous, in view of the fact that in the enquiry proceedings, it was found that the allegations levelled by the petitioner against the sixth respondent are false.
5. After recording the fact that enquiry was conducted by the official respondents against the sixth respondent and in the enquiry report, it was held that the charges levelled by the petitioner against the sixth respondent are false, this Writ Petition is dismissed as infructuous. No costs. 29.10.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5
To 1.The Secretary, Financial Department, Secretariat, Chennai.
2.The Registrar of Co-Operative Societies, Ponmalai, Kilapauk, Chennai.
3.The Director of Co-operative Audit, Combined Financial Department Office Building, No.571, Annasalai, Chennai 35.
4.The Joint Registrar, Thoothukudi Division, Thoothukudi.
5.The Managing Director, Tuticorin District Central Co-Operative Bank, No.105/5d, Ettayapuram Road, Polepettai, Thoothukudi.
6.A.Nagarajan, Asst.Director of Co-Operative Audit, Thoothukudi District.
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ABDUL QUDDHOSE, J.
TSG 29.10.2024 5/5