M.Chandrasekar, v. The Director Of Public
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE K. RAJASEKAR W.P.(MD)No.8023 of 2019 and WMP(MD).Nos.6339 and 6340 of 2019 M.Chandrasekar .. Petitioner Vs.
1.The Director of Public Libraries, No.737/1, Anna Salai, Chennai - 600 002.
2.The District Library Officer, District Library Office, No.2, Brammatheertham Salai, Karur - 639 001 Karur District.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ref.Na.Ka.No.451/Aa/2016, dated 28.03.2019 on the file of the respondent No.2 and quash the same and consequently for a direction directing the respondents 1 and 2 not to stop 1/5
payment of salary of the petitioner.
For Petitioner : Mr.S. Rajasekar For Respondents : Mr.N. Satheesh kumar Additional Public Prosecutor
ORDER
This Writ Petition has been filed by the petitioner challenging the order, dated 28.03.2019 made in Ref.Na.Ka.No.451/Aa/2016 demanding him to pay a sum of Rs.17,466/-, which is termed as a mis-appropriated amount and consequently, directing the respondents 1 and 2 not to stop the payment of salary of the petitioner.
2. The case of the petitioner is that on 01.08.2002 he was appointed as the Village Librarian and thereafter, he was promoted as the Librarian Grade III and was working at Vettamangalam Library. While so, he was illegally terminated from service and that he had challenged the termination by filing a Writ Petition in WP(MD).No.20553 of 2016. During the pendency of the said Writ Petition, the impugned order seeking payment of alleged mis-appropriated amount is made, which is a 2/5
subject matter of the disciplinary proceedings. Hence, the impugned order need not be passed while challenging of the disciplinary proceedings is pending before this Court.
3. The learned Additional Government Pleader appearing for the respondents has brought to the knowledge of this Court that Writ Petition challenging the dismissal order of the petitioner is already dismissed by this Court, vide order dated 30.04.2025 made in W.P(MD).No.20553 of 2016 and hence, nothing survives for adjudication in this Writ Petition.
4. Heard on both sides and perused the materials available on record.
5. In view of the fact that the challenge made by the petitioner regarding the dismissal from service of the petitioner, already been dismissed by this Court vide order, dated 30.04.2025 made in W.P(MD).No.20553 of 2016, there is no impediment in passing the recovery of the mis-appropriated amount. Hence, this Court does not find merits in this Writ petition.
3/5
6. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 03.06.2025 Index: Yes/No Internet : Yes/No trp To:
1.The Director of Public Libraries, No.737/1, Anna Salai, Chennai - 600 002.
2.The District Library Officer, District Library Office, No.2, Brammatheertham Salai, Karur - 639 001 Karur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
K. RAJASEKAR, J., trp W.P.(MD)No.8023 of 2019 and WMP(MD).No.6339 and 6340 of 2019 03.06.2025 5/5