Madras High CourtWP(MD)/12308/2018closed

K.Stephen Sahayaprasad v. The Principal (In-Charge)

2024-12-02Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.11188 to 11191 of 2018 and 18548 and 18550 of 2023 W.P.(MD)No.12308 of 2018 K.Stephen Sahayaprasad ... Petitioner versus N.M.S.Kamaraj Polytechnic College, N.M.S. Kamaraj Polytechnic College, Palavilai, Kanyakumari District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings bearing 1/6

No.N.M.S.K.B/A1/839/1-18/2013 dated 28.05.2018 issued by the 2nd respondent and the subsequent impugned proceedings bearing No.N.M.S.K.B/A1/839/2-18/2013 dated 29.05.2018 issued by the 2nd respondent and quash the same and consequently direct the respondents to allow the petitioner to retire from service and to settle all the retirement benefits including service benefits to the petitioner. For Petitioner : Mr.L.Shaji Chellam For R1 and R2 : Mr.N.Dilipkumar For R3 : Mr.K.Balasubramani, Special Government Pleader W.P.(MD)No.12309 of 2018 K.Stephen Sahayaprasad ... Petitioner versus Kamaraj Polytechnic College, Kamaraj Polytechnic College, ... Respondents 2/6

Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari, to call for the records relating to the charge memo bearing No.NMSKP-A1-00839-2013 dated 21.10.2013 issued by the 2nd respondent and quash the same. For Petitioner : Mr.L.Shaji Chellam For R1 and R2 : Mr.N.Dilipkumar For R3 : Mr.K.Balasubramani, Special Government Pleader COMMON ORDER The petitioner, an Instructor in the private Polytechnic, was issued with a charge memo dated 21.10.2013. Thereafter, when he was on the verge of retirement, he was placed under suspension vide proceedings dated 28.05.2018 issued by the 2nd respondent and he was retained in service vide proceedings dated 29.05.2018 issued by the second respondent. Challenging the order of suspension dated 28.05.2018 and the retention order dated 29.05.2018, the petitioner has filed W.P.(MD)No.12308 of 2018. The petitioner has also filed another writ petition in W.P.(MD)No. 12309 of 2018, challenging the charge memo dated 21.10.2013. 3/6

2. Today, when these writ petitions are taken up for hearing, the learned counsel appearing for the petitioner submits that the order of suspension dated 28.05.2018 and the retention order dated 29.05.2018 have now been revoked by the second respondent. Therefore, nothing survives in these writ petitions. He has filed a memo to that effect.

3. Recording the memo filed by the petitioner that the order of suspension dated 28.05.2018 and the retention order dated 29.05.2018 have now been revoked by the second respondent, these writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. 02.12.2024 ogy Index : Yes / No.

Internet: Yes / No.

NCC : Yes / No.

To N.M.S.Kamaraj Polytechnic College, 4/6

N.M.S. Kamaraj Polytechnic College, Palavilai, Kanyakumari District.

5/6

B.PUGALENDHI, J.

ogy 02.12.2024 6/6