Madras High CourtWP(MD)/18615/2014dismissed as infructuous

D. Suvithomas, v. The Principal Secretary,

2019-08-16Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.18615 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.18615 of 2014 and M.P.(MD)Nos.1 to 3 of 2014 D.Suvithomas ... Petitioner -Vs1.The Principal Secretary, Commissioner of Commercial Taxes, The Department of Commercial Taxes and Registration, St.George Fort, Chennai.

2.The Joint Commissioner (CT), Commercial Taxes Office, Trichy Division, Trichy District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned G.O.(D) No.404 (Commercial Taxes and Registration -E1), dated 29.10.2014 issued by the first respondent, Principal Secretary / Commissioner of Commercial Taxes, quash the same and further to direct the respondents herein to allow the petitioner to retire from service on superannuation with all attendant benefits including pension, gratuity, provident fund and other terminal benefits without delay. For Petitioner : Mr.P.Muthuvel for M/s.Isaac Chambers For Respondents : Mr.D.Muruganandham Additional Government Pleader ***

ORDER

The order of suspension, dated 29.10.2014, is under challenge in the present writ petition.

2.The writ petitioner was placed under suspension on account of certain allegation. The learned Additional Government Pleader appearing on behalf of the respondents states that during the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18615 of 2014 pendency of the writ petition, the Departmental Disciplinary Proceedings were concluded and the final order in the Departmental Disciplinary Proceedings was also issued in G.O.(2D)No.3, Commercial Taxes and Registration (E1) Department, dated 18.01.2019. Accordingly, the petitioner was imposed with punishment of "cut in pension at the rate of Rs.1,000/- (Rupees One Thousand only) per month for a period of one year" and the writ petitioner was allowed to retire from service.

3.In view of the fact that the Departmental Disciplinary Proceedings were concluded and the final order has been passed, the present writ petition deserves no merit consideration and no further adjudication is also required. Accordingly, the writ petition is disposed of as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Secretary, Commissioner of Commercial Taxes, The Department of Commercial Taxes and Registration, St.George Fort, Chennai.

2.The Joint Commissioner (CT), Commercial Taxes Office, Trichy Division, Trichy District.

+1 CC to SPL GP SR-82205.

+1 CC to M/s.ISAAC CHAMBERS, Advocate SR-82274. W.P.(MD)No.18615 of 2014 16.08.2019 CS(04.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2