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Madras High CourtWP(MD)/13764/2020closed

A.Paraman, v. The Commissioner,

2022-08-18Honourable Mr Justice M.S. Ramesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.13764 of 2020 and W.M.P.(MD)Nos.11417 & 11418 of 2020 A.Paraman ... Petitioner /vs./ 1.The Commissioner, Madurai Corporation, Madurai.

2.The Deputy Commissioner, Madurai Corporation, Madurai.

3.The Assistant Commissioner, (Service-general), Madurai Corporation, Madurai.

4.The Accountant General, Accounts and Entitlement, Nanthanam, Chennai - 18.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to 1/4

the impugned order passed by the respondent No.2 in Ma.Ni.24/008357/2020 dated 25.06.2020 and consequential impugned order passed by the respondent No.2 in Ma.Ni.24/008357/2020 dated 30.06.2020 on the file of the respondent and quash the same as illegal and consequently direct the respondents to allow the petitioner to retire from his service along with pension and service benefits within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.R.Murali, Standing Counsel

ORDER

When the petitioner was about to retire on 30.06.2020, he was placed under suspension on 25.06.2020, in contemplation of certain departmental action. On 30.06.2020, another order was passed declining him to retire. Both the orders of suspension, as well as the order declining the petitioner to retire, are under challenge in the present writ petition.

2. In the meantime, the petitioner was levelled with certain charges, through a charge memo dated 25.06.2020 and challenging the same, the petitioner 2/4

had filed a writ petition in W.P.(MD)No.18986 of 2022. Today, this Court in W.P. (MD)No.18986 of 2022, had directed the Disciplinary Authority to conclude the departmental action, initiated under the charge memo dated 25.06.2020, within a stipulated time. Since the departmental action is pending and the Disciplinary Authority has been directed to complete the same within a stipulated time, the suspension order and the order declining the petitioner to retire, does not warrant any interference.

3. Accordingly, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. 18.08.2022 vsm Index : Yes / No Internet : Yes/No 3/4

M.S.RAMESH, J.

vsm To 1.The Commissioner, Madurai Corporation, Madurai.

2.The Deputy Commissioner, Madurai Corporation, Madurai.

3.The Assistant Commissioner, (Service-general), Madurai Corporation, Madurai.

4.The Accountant General, Accounts and Entitlement, Nanthanam, Chennai - 18.

Order made in W.P.(MD) No.13764 of 2020 Dated:

18.08.2022 4/4