K. Sivakumar v. The Commandant,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.14427 of 2016 W.P.(MD).No.6646 of 2016:

K.Sivakumar ... Petitioner Vs.

2.The Assistant Commandant - IV, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order of dismissal issued by the first respondent in his proceedings in A3/PR.No.10/2015, U/r.3(b) dated 24.02.2016 and quash the same.

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W.P.(MD).No.20135 of 2016:

K.Sivakumar ... Petitioner Vs.

2.The Director General of Police, Armed Force, Chennai - 10.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the second respondent in his proceedings in e.f.vz;.rp1/8388/2016 dated 18.07.2016 (served to the petitioner by the first respondent by his memo dated 17.08.2016) and quash the same as illegal. (In Both Writ Petitions):

For Petitioner : Mr.C.Venkatesh Kumar, For M/s.Ajmal Associates.

For Respondents : Mr.R.Suresh Kumar, Additional Government Pleader.

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COMMON ORDER The Writ Petitions have been filed to quash the punishment order dated 24.02.2016 and suo motu review order dated 18.07.2016.

2. The learned counsel appearing for the petitioner submitted that the petitioner was convicted in the criminal proceedings. Hence, nothing survives for adjudication.

3. Recording the same, the Writ Petitions are dismissed with liberty to the petitioner, in case, if the petitioner is acquitted in the criminal appeal, then the petitioner shall adjudicate the issue raised in the present case. No costs. Consequently, connected miscellaneous petition is closed. 16.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 2.The Assistant Commandant - IV, 3.The Director General of Police, Armed Force, Chennai - 10.

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S.SRIMATHY, J.

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