Madras High CourtWP(MD)/16280/2014dismissed

G. Pugalenthi v. The Secretary To Government

2019-08-20Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.16280 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.16280 of 2014 G.Pugalenthi ... Petitioner vs.

The Secretary to Government Commercial Tax and Registration Department Government of Tamil Nadu Fort.St.George, Chennai-9 ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to revoke the order of suspension by considering the petitioner's representation dated 26.06.2014 and 30.08.2014. For Petitioner :

Mr.S.Anwar Sameem For Respondent :

Mr.D.Muruganandham Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondent to revoke the order of suspension by considering the writ petitioner's representations, dated 26.06.2014 and 30.08.2014.

2. At the time of filing of the present writ petition, the writ petitioner was in service and aged about 57 years. Now, the writ petitioner would have attained the age of superannuation on completion of 58 years of age. If at all the departmental disciplinary proceedings were pending against the writ petitioner during the relevant point of time, a fresh order suspending him or allowing him to retire from service without prejudice to the departmental disciplinary proceedings ought to have been passed by the competent authority. Thus, if any grievance exists as of now, in respect of any orders passed during the pendency of the writ petition, the writ petitioner is at liberty to redress the same in https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P.(MD) No.16280 of 2014 the manner known to law. As far as the present writ petition seeking to consider the representation submitted by the writ petitioner is concerned, no relief can be granted as he had already reached the age of superannuation.

3. Accordingly, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar To:

The Secretary to Government, Commercial Tax and Registration Department, Government of Tamil Nadu, Fort.St.George, Chennai-9.

+1 CC to M/s.SPL GP ( SR-82860[F] dated 21/08/2019 ) W.P.(MD) No.16280 of 2014 20.08.2019 krk JM/04.09.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/4