Madras High CourtWP(MD)/4926/2017dismissed as infructuous

A.Karunanidhi v. The Chairman And Managing

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 W.P(MD) No.4926 of 2017 A.Karunanidhi ... Petitioner vs.

1.The Chairman and Managing Director, Tamil Nadu Sugar Board, No.690, Annasalai, Nandahanam, Chennai - 600 035.

2.The Chief Executive, Aringnar Anna Sugar Factor, Karungulam, Thanjavur District - 613 303.

3.The Enquiry Officer/ Managing Director, Aringnar Anna Sugar Factor, Karungulam, Thanjavur District - 613 303.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Certiorarified mandamus calling for the records relating to the order of suspension passed by the 2nd respondent in Ref.No.Esst/923/B5/2015 dated 12.11.2015 and quash the same as illegal and consequently direct the respondents 2 & 3 to forthwith reinstate the petitioner in service as a cane officer from 12.11.2015 with to all the back wages and other monetary benefits. For Petitioner : Mr.M.P.Senthil For R1 & R3 : Mr.M.Pandiarajan Additional Government Pleader For R2 : Mr.K.Saravanan

O R D E R

This writ petition has been filed seeking to quash the impugned order of suspension dated 12.11.2015 passed by the second respondent and consequently direct the respondents 2 and 3 to reinstate the petitioner in service as Cane Officer from 12.11.2015 with all backwages.

2.The learned counsel appearing for the second respondent submitted that the departmental proceedings initiated against the petitioner were concluded and an order of dismissal from service has been passed against him. Challenging the dismissal order, the petitioner has also filed a writ petition and the same is pending. https://hcservices.ecourts.gov.in/hcservices/

3.In view of the said submission, the relief sought in the writ petition has become infructuous and hence, the writ petition is dismissed as infructuous. No costs. However, the petitioner is at liberty to approach the authority concerned seeking disbursement of subsistence allowance, if not paid.

sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar(CS ) To

1. The Chairman and Managing Director, Tamil Nadu Sugar Board, No.690, Annasalai, Nandahanam, Chennai - 600 035.

2.The Chief Executive, Aringnar Anna Sugar Factor, Karungulam, Thanjavur District - 613 303.

3. The Enquiry Officer/ Managing Director, Aringnar Anna Sugar Factor, Karungulam, Thanjavur District - 613 303.

+1 CC to Mr.M.P.SENTHIL, Advocate ( SR-69353[F] dated 18/06/2019 ) +1 CC to SPL GP ( SR-69458[F] dated 18/06/2019 ) W.P(MD) No.4926 of 2017 17.06.2019 mj MK (25.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/