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Madras High CourtWP(MD)/1287/2016dismissed

S.Raja, v. The Director Of Adi Dravidar

2019-06-17Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR WP(MD).No.1287 of 2016 and WMP(MD).Nos.1065 and 1066 of 2016 S. Raja : Petitioner Vs.

1.The Director of Adi Dravidar Welfare, Directroate of Adi Dravidar Welfare, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Adi Dravidar Tribal Welfare Officer, Madurai District, Gandhi Nagar, Madurai - 625 020.

: Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Certiorari calling for the records on the file of the 1st respondent in pursuant to the impugned order of suspension passed by him in his proceedings in R.C.No.R-2/33658/2014, dated 04.12.2014 and quash the same as illegal and arbitrary.

For Petitioner : Mr.K. Gurunathan For Respondents : Aaiyram K. Selvakumar Additional Government Pleader

ORDER

This Writ Petition has been filed seeking to call for the records in pursuant to the impugned order of suspension passed by the 1st respondent in his proceedings in R.C.No.R-2/33658/2014, dated 04.12.2014 and quash the same.

2. The petitioner challenging the impugned suspension order dated 04.12.2014 by raising the specific ground that the first respondent / Director of Adi Dravidar Welfare has no jurisdiction to pass the said order. At the time of admission, this Court has granted interim order on 21.01.2016. Pursuant to the interim order, the petitioner's suspension order was revoked. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the petitioner submitted that subsequently, on enquiry charges framed and final

order was passed by awarding punishment of stoppage of increment for the period of two years with cumulative effect.

4. Now, the petitioner seeks that the aforesaid suspension period to be treated as regular service period.

5. The learned Additional Government Pleader appearing for the respondents would submit that in the light of the final order passed by the authority, the prayer sought for in the Writ Petition has become infructuous and hence, nothing survives for adjudication.

6. By accepting the contention of the learned Additional Government Pleader, this Writ Petition is dismissed as infructuous. However, the petitioner is given liberty to approach the authorities concerned for making the grievance as stated above. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) trp To 1.The Director of Adi Dravidar Welfare, Directroate of Adi Dravidar Welfare, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Adi Dravidar Tribal Welfare Officer, Madurai District, Gandhi Nagar, Madurai - 625 020.

+1CC TO MR.G.THALAIMUTHARASU, Advocate Sr. No.69382 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.69431 WP(MD).No.1287 of 2016 and WMP(MD).Nos.1065 and 1066 of 2016 17.06.2019 MR(CO) TR (28.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/