Manickam, v. The Additional Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2018
CORAM:
THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI W.A.(MD).No.429 of 2018 Manickam ... Appellant Vs.
1.The Additional Director General of Prisons, Egmore, Chennai.
2.The Deputy Inspector General of Prisons, Trichy Range, Trichy.
3.The Superintendent, Central Prison, Trichy.
... Respondents PRAYER:This appeal is filed under Clause 15 of the Letters Patent, to set aside the order dated 02.02.2016 passed by the learned Judge in W.P.(MD)No.2234 of 2016.
Prayer in WP(MD). 2234/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 1st respondent vide his proceeding dt.19.02.2004 in No.60530/EW2/03 and consequential impugned communication dt.07.11.2009 in No.32475/EW.2/2009 and quash the same as illegal and arbitrary and consequently direct the respondents notionally to reinstate in the service and further notionally declare that the petitioners deceased son namely James Duraisingh died while on service and further direct the respondents to disburse the pecuniary benefits with all other service attended benefits with arrears to the petitioner (Legal heir).
For Appellant :
Mr.A.R.Jeya Rhuthran For Respondents :
Mr.D.Muruganantham Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by T.S.SIVAGNANAM, J) Heard Mr.A.R.Jeya Rhuthran, learned counsel appearing for the appellant, Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents.
https://hcservices.ecourts.gov.in/hcservices/
2.This appeal by the State is directed against the order made in W.P.(MD)No.2234 of 2016 dated 02.02.2016. The appellant is the father of the late Jamesh Duraisingh, who passed away on 15.06.2005, leaving behind the appellant and his wife as two legal heirs. The appellant's son was working as Grade II Watcher and came to adverse notice on the ground that he had reported for duty in a drunken state. The charge against the appellant was when he was questioned by the higher authority, he abruptly left and remained unauthorizely absent. The disciplinary proceedings ultimately ended by an order of dismissal from service, which was confirmed in the appeal by Additional Director General of Prison and further appeal by the first respondent on 19.02.2004. Thereafter, after about more than one year, the appellant has passed away. After the demise of his son, the appellant has submitted a representation to the authorities which has been rejected. This was challenged by the appellant by filing a writ petition in the year 2016.
3.In our considered view, the learned Single Judge is fully justified in rejecting the relief sought for by the appellant that too after six years from the date on which the communication was sent to him, negating his request to reopen his case. We find that the order of dismissal is confirmed in the second appeal in the year 2004, at the time, the appellant's son was very much alive. The appellant cannot pursue the matter much after the demise of his son. 4.There is no merit in this appeal. Hence, the writ appeal is dismissed. No Costs.
Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Additional Director General of Prisons, Egmore, Chennai.
2.The Deputy Inspector General of Prisons, Trichy Range, Trichy.
3.The Superintendent, Central Prison, Trichy.
+1cc to Special Government Pleader, SR.No.56788. W.A.(MD).No.429 of 2018 19.03.2018 mrn https://hcservices.ecourts.gov.in/hcservices/ RAM/MMS/SAR 2/30.05.2018/2P/5C