P.Nirmal Nesakumar, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2022

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.9450 of 2017

1. Nirmla Nesakumar (Died)

2. A.Stephinal Kumarai ... Petitioner (P2 is substituted, vide Court Order, dated 02.11.2022 in W.M.P.(MD)No.18902 of 2022 in W.P.(MD)No.9450 of 2017) Vs.

The District Collector, Kanyakumari District, Nagercoil.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records in pursuant to the impugned charge memo issued by the respondent in proceeding in proceeding Va3/14179/14 dated 23.02.2017. For Petitioner : Mr.M.Saravanakumar For Respondent : Mrs.D.Farjana Ghoushia Special Government Pleader 1/4

ORDER

This writ petition is filed challenging the impugned charge memo, dated 23.02.2017.

2. When the writ petition came up for admission, this Court has granted an interim order of stay. When the writ petition was pending before this Court, the petitioner died on 15.08.2021. The deceased wife has filed a substitution petition and the same was allowed, vide order, dated 02.11.2022. Since the delinquent died at the charge memo stage, the disciplinary proceedings has abated and the impugned charge memo is quashed.

3. In the meanwhile, the respondent had submitted a proposal to disburse pension and other terminal benefits to the wife of the deceased employee vide proceedings, dated 02.06.2022. The respondent shall disburse the pension and other terminal benefits to the legal heirs of the deceased employee within a period of twelve (12) weeks from the 2/4

date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 28.11.2022 Index :

Yes / No Internet :

Yes / No jbr To The District Collector, Kanyakumari District, Nagercoil.

3/4

S.SRIMATHY, J jbr Order made in 28.11.2022 4/4