P. Stanislaus v. The Additional Director

W.P(MD)No.9307/2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.9307 of 2014 and M.P(MD)Nos.1 & 2 of 2014 P.Stanislaus ... Petitioner Vs.

1.The Additional Director General of Police, Economic Offence Wing, C48, TNHB Building III Floor, II Avenue, Chennai-40.

2.The Superintendent of Police, CCIW, Chennai-40.

3.The Superintendent of Police, Tuticorin District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, directing the respondents to call for the order of transfer passed in Rc.No.A1/EOW/144/2014, D.O.No.150/2014, on the file of the first respondent dated 30.05.2014 and to quash the same and further direct the respondents to accept the petitioner request for voluntary retirement by permitting the petitioner to voluntarily retirement from the service with all eligible Retirement benefits. For Petitioner : Mr.R.Karthick Change of vakalat filed For Respondents : Mr.S.Dhayalan, Government Advocate

ORDER

The order of transfer passed by the first respondent in proceedings, dated 30.05.2014 is under challenge in the present writ petition.

2. The order impugned is a repatriation order repatriating the writ petitioner to his parent District at Thoothukudi. The learned Government Advocate appearing on behalf of the respondents state that pursuant to the transfer order, the writ petitioner has not joined either in the parent unit or in the current unit at Chennai. He remained an unauthorised absence and deserted his job. Accordingly, he was declared as deserter with reference to the rules https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.9307/2014 in force and desertion and confirmation order was passed by the Superintendent of Police, CCIW CID, Chennai-32, dated 19.08.2019, in view of the fact that the writ petitioner was declared as deserter and accordingly, the desertion was also confirmed by the competent authority for all purposes and the petitioner is not in service. 3.This being the factum, the cause arose for the purpose of filing the present writ petition became vanished and therefore, no further adjudication needs to be entertained in respect of the impugned order challenged in the present writ petition. 4.Accordingly, the present writ petition stands disposed of as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) am To 1.The Additional Director General of Police, Economic Offence Wing, C48, TNHB Building III Floor, II Avenue, Chennai-40.

2.The Superintendent of Police, CCIW, Chennai-40.

3.The Superintendent of Police, Tuticorin District.

+1 CC to M/s.C.R.PONNUTHAI, Advocate ( SR-82783[F] dated 21/08/2019 ) +1 CC to M/s.SPL GP ( SR-82891[F] dated 21/08/2019 ) W.P.(MD)No.9307 of 2014 20.08.2019 KK/SAR/03.09.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2