A. Paramasivan v. The Commissioner Of Tax

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.6786 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 A.Paramasivan ... Petitioner vs.

1.The Commissioner of Commercial Tax Ezhilagam, Chepauk, Chennai 2.The Joint Commissioner (CT) Commercial Tax Building A.R.Line Road Palayamkottai, Tirunelveli District 3.The Deputy Commissioner Commercial Tax Building A.R.Line Road, Palayamkottai Tirunelveli District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records pertaining to the impugned order in Roc.A8/7590/2012, dated 25.03.2014 on the file of the Respondent No.2 and the subsequent impugned order of suspension in A1/5849/2009 dated 07.04.2014 on the file of the Respondent No.3 and quash the same as illegal and consequently to direct the Respondents No.2 and 3 to reinstate the petitioner within the time stipulated by this Court. For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.D.Muruganandham Additional Government Pleader

O R D E R

The order of suspension, dated 07.04.2014, issued by the third respondent, is under challenge in the present writ petition.

2. The learned Additional Government Pleader appearing on behalf of the respondents made a submission that during the pendency of the present writ petition, the departmental disciplinary proceedings initiated against the writ petitioner were ended with the order of removal from service. The writ petitioner was removed from service on 31.03.2015 by the order of the Joint Commissioner (Commercial Tax), Tirunelveli. Against the order of removal from service, the writ petitioner preferred an appeal before the Commissioner of Commercial Taxes, Chepauk / Appellate Authority, who https://hcservices.ecourts.gov.in/hcservices/

modified the punishment into one as stoppage of increment with cumulative effect for five years, vide proceedings dated 18.04.2018.

3. In view of the conclusion of departmental disciplinary proceedings, no further orders are required in the present writ petition and accordingly, the same stands closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner of Commercial Tax, Ezhilagam, Chepauk, Chennai.

2.The Joint Commissioner (CT), Commercial Tax Building, A.R.Line Road, Palayamkottai, Tirunelveli District.

3.The Deputy Commissioner, Commercial Tax Building, A.R.Line Road, Palayamkottai, Tirunelveli District.

+1 CC to M/s.T.LAJAPATHIROY, Advocate (SR-82402[F] dated 20/08/2019 ) +1 CC to SPL GP ( SR-82454[F] dated 20/08/2019 ) W.P.(MD) No.6786 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 19.08.2019 krk MK (29.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/