Madras High CourtWP(MD)/21947/2017disposed of

P.Balasubramanian v. The Commandant

2017-11-30Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.21947 of 2017 and W.M.P.(MD)No.18243 of 2017 P.Balasubramanian ... Petitioner S/o.Pitchai, AJ-4 T.S.P Police Quarters, Tamilnadu Special Police Battalion, Crawford, Trichy-12.

Vs.

The Commandant, T.S.P. 1 Battalion, Trichy 12.

...Respondent

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notice issued by the respondent herein in his proceedings vide No.23/2016 dated 26.10.2017 and quash the same and consequently direct the respondent herein to drop all the charge as against the petitioner.

For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.A.K.Baskara Pandian Special Government Pleader

O R D E R

This Writ Petition has been filed to call for the records pertaining to the impugned notice issued by the respondent herein in his proceedings vide No.23/2016 dated 26.10.2017 and quash the same and consequently direct the respondent herein to drop all the charges as against the petitioner.

2.Heard Mr.B.Jameel Arasu, learned counsel, appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader, appearing for the respondent.

3.It is brought to the notice of this Court that the petitioner has already submitted his objections with regard to the findings made by the enquiry officer in his representation dated https://hcservices.ecourts.gov.in/hcservices/

11.11.2017. As such, it is incumbent for the disciplinary authority to duly consider the representation made by the petitioner with regard to the findings made by the enquiry officer and pass reasoned orders on merits and in accordance with law and communicate the decision to the petitioner.

4.In view of the aforesaid developments that have taken place, the learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition and he has made an endorsement to that effect.

5.Recording the same, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Commandant, T.S.P. 1 Battalion, Trichy 12.

+1cc to Mr.B.JAMEEL ARASU Advocate in SR. No. 90608 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 90876 TA JS/SV.MMS/SAR.4/6.12.2017/2P-4C W.P.(MD)No.21947 of 2017 30.11.2017 https://hcservices.ecourts.gov.in/hcservices/