Madras High CourtWP(MD)/19504/2024allowed

M.Ramasubbu v. The Secretary (Expenditure)

2024-08-14Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.16561 of 2024 M.Ramasubbu ... Petitioner Vs The Secretary(Expenditure), Government of Tamil Nadu, Secretariat, St. George Fort, Chennai - 600 009.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records of the impugned order passed by the respondent in G.O.(D).No.265, dated 06.06.2017 and quash the same.

For Petitioner : Mr.B.Kumaresan For Respondent : Mr.S.Shaji Bino Special Government Pleader * * * * * 1/4

ORDER

The instant writ petition has been filed by a retired Assistant Account Officer in the respondent department, challenging G.O.(D).No.265, Finance (Treasury Account-1), department, dated 06.06.2017, wherein the appeal filed as against the order imposing punishment on 10.06.1998 stands rejected. 2.According to the learned Counsel appearing for the writ petitioner, the petitioner was imposed with postponement of increment for one year without cumulative effect on 10.06.1998. However he has not challenged the said order of punishment before any authority.

3.The learned Counsel appearing for the writ petitioner further submits that he has made a representation on 28.12.2016 to the respondent, seeking some other requests instead of challenging the order of punishment. However, the respondent herein has treated the said representation as an appeal petition and proceeded to pass impugned Government letter. 2/4

4.In view of the above said submission made by the writ petitioner, the order impugned in the writ petition stands set aside. Since the petitioner has not chosen to challenge the order of punishment dated 10.06.1998, the said order stands confirmed.

5.With the above said observations, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 14.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To The Secretary(Expenditure), Government of Tamil Nadu, Secretariat, St. George Fort, Chennai - 600 009.

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R.VIJAYAKUMAR , J.

RJR and W.M.P(MD)No.16561 of 2024 14.08.2024 4/4