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Madras High CourtWP(MD)/10079/2016dismissed as withdrawal

Dr.P.Arumugam, v. The Government Of Tamil Nadu,

2023-06-19Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.7894, 7895, 7896, 7897, 7898 and 7899 of 2016 W.P.(MD).No.10079 of 2016:

Dr.P.Arumugam ... Petitioner Vs.

1.The Government of Tamil Nadu, Through its Secretary, 1/6

4.Senthamil Arts College, Represented by the Secretary, No.54, Tamil Sangam Road, Madurai - 625 001, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Communication in Na.Ka.No.21/Si2/2015, dated 30.05.2016 on the file of the Respondent No.4 and quash the same as illegal and consequently to direct the Respondent No.4 to defer the Departmental proceedings in pursuance to the Charge Memo in Na.Ka. No.21/Si2/2015, dated 16.03.2016 on the file of the Respondent No.4, until the conclusion of the criminal case in C.C. No.306/15 on the file of the Judicial Magistrate No.II, Madurai.

W.P.(MD).No.10080 of 2016:

Dr.M.Senthilkumar ... Petitioner Vs.

1.The Government of Tamil Nadu, Through its Secretary, 2/6

4.Senthamil Oriental College, Represented by the Secretary, No.54, Tamil Sangam Road, Madurai - 625 001, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Communication in Na.Ka.No.21/Si2/2015, dated 30.05.2016 on the file of the Respondent No.4 and quash the same as illegal and consequently to direct the Respondent No.4 to defer the Departmental proceedings in pursuance to the Charge Memo in Na.Ka.No.21/Si2/2015, dated 16.03.2016 on the file of the Respondent No.4, until the conclusion of the criminal case in C.C. No.306/15 on the file of the Judicial Magistrate No.II, Madurai.

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(In Both Writ Petitions):

For Petitioner : Mr.G.Karthik, For M/s.Lajapathi Roy & Associates.

For R-1 to R-3 : Mr.P.Thambidurai, Government Advocate.

For R-4 : Mr.E.V.N.Siva COMMON ORDER The Writ Petitions have been filed to to quash the order dated 30.05.2016 consequently to defer the Departmental proceedings until the criminal case in Judicial Magistrate No-II, Madurai is completed.

2. The writ petitioner instructed his counsel to withdraw this Writ Petition. Accordingly, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the same and has circulated a letter in this connection. He also made an endorsement to that effect. The learned counsel appearing for the petitioner further submitted that the fourth respondent has withdrawn the disciplinary proceedings as well as the criminal proceedings and the petitioners were reinstated and continuing in the service. Hence, nothing survives for adjudication.

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3. Recording the said submission, the Writ Petitions are dismissed as withdrawn. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

19.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The Secretary, The Government of Tamil Nadu, 5/6

S.SRIMATHY, J.

Nsr 19.06.2023 6/6